In: Economics
What were the 3 goals that the Federal Water Pollution Control Act of 1972 had. Explain why this goals were too optimistic and if part of this goals are being still implemented or not.
Solution:-
The Federal Water Pollution Control Act Amendments of 1972, commonly referred to as the Clean Water Act, is one of the most important and far-reaching environmental statutes ever passed by the U.S. Congress. It is still one of the most controversial pieces of legislation ever passed. More than 30 years since its passage, key provisions of the act continue to be debated at all governmental levels, and lawsuits frequently are brought to federal courts under the act. To understand why the Clean Water Act remains controversial, it is necessary to review the history of the legislation, its goals, and its methods of achieving those objectives.
• Amendments
The 1972 Clean Water Act has been amended three times: in 1977; in 1981 when Congress passed the Municipal Wastewater Treatment Construction Grants Amendments; and in 1987 with the Water Quality Act. All of these statutes reaffirmed the federal interest in assuring water quality in the United States, but they also recognized the difficulty of achieving the goals set forth in the 1972 act within the time period specified. Thus, timelines were pushed forward, and the rigid command-and-control regulatory approach was modified. It was replaced, in part, by a more flexible approach that stressed partnerships between the federal government and the states, tribal governments, and municipalities in achieving common purposes.
• Sources of Pollution.
Another important distinction between the original act and the 1987
revision was in its emphasis on the sources of water pollution in
the United States. Prior to 1987 most programs were directed at
eliminating what is called point-source pollution: that is,
discharges into water that are more or less easily tracked to their
sources. Pipes and other outfalls are examples of point-source
pollution.
By 1987, however, it became clear that a great deal of pollution
was coming from nonpoint sources. It was estimated that over 50
percent of the nation's remaining water pollution problems was
coming from sources that are not easily identified, such as runoff
from agricultural lands, construction sites, urban areas, and even
forests.
Under Section 319 of the 1987 legislation, Congress authorized
measures to address these diffuse sources of pollution by directing
states to develop and implement management programs targeting their
major nonpoint sources. Federal grants, covering up to 60 percent
of the program costs, also were authorized to assist states in
tackling this difficult pollution problem.
• Overdue Reassessment
There has not been a major revision to the Clean Water Act since
1987, and many feel that a comprehensive reassessment of
accomplishments and failures is long overdue. The reason that such
legislation has been stalled in Congress for so long is that the
original 1972 act contained a few highly controversial programs,
the most contentious of which may be the national wetlands
protection program. Also known as the Section 404 Program, the 1972
act declared a federal interest in the protection of all wetlands
in the United States. It set up a complex regulatory program
administered jointly by the U.S. Army Corps of Engineers and the
EPA under which anyone planning to dredge, drain, or fill a wetland
must first secure a permit from the Corps.
The EPA exercises veto authority over Corps decisions, while other
federal agencies, in particular the U.S. Fish and Wildlife Service,
provide additional input to the process. Although the process has
been streamlined and simplified since its inception, it remains
controversial for property owners wishing to alter their lands.
Certain states, too, have claimed that the program is an
unwarranted intrusion into their domain; in contrast, most
environmental organizations solidly support it.
• Issues of Contention
Over the years, numerous court cases have addressed various issues
concerning the wetlands protection program. A 2001 Supreme Court
case, Solid Waste Agency of Cook County, Illinois, v. U.S. Army
Corps of Engineers, found that federal jurisdiction did not extend
to isolated wetlands such as the one Cook County planned to alter.
With this important decision, the scope of the national wetlands
protection program is reduced and returned to what it was some 30
years ago—at least until Congress revisits this aspect of the Clean
Water Act.
Another contentious issue arising out of the Clean Water Act and
its revisions involves the setting of precise water quality
standards by the states and the EPA. The original act required
states to identify pollution-impaired water areas and then develop
"total maximum daily loads" (TMDLs) for each waterbody. TMDLs are
the maximum amount of pollution that a waterbody can receive
without violating water quality standards. If the state fails to
act, then the EPA is required to undertake this time-consuming and
technologically challenging determination.
Most states have lacked the resources to undertake this task, and
the EPA has been reluctant to step in and assume responsibility, in
part because it, too, lacks the necessary personnel to do the job
nationwide. Consequently, since the late 1980s, citizen groups have
filed more than forty lawsuits in thirty-eight states against the
EPA and the states for failing to implement the TMDL requirement.
During the Clinton administration, the EPA attempted to strengthen
the enforcement of this program, but with the change in the
presidency after the 2000 election, that proposal has been tabled.
As with the wetlands issue, scholars and other interested parties
note that the time has come for the U.S. Congress to revisit the
Clean Water Act of 1972.