Loading...
Balancing the pollution budget after Friends of the Earth v. EPA
Malinsky, Jason
Malinsky, Jason
Author(s)
Author(s) (Additional)
Illustrator(s)
Producer(s)
Contributor(s)
Contributor(s) (Other)
Editor(s)
Advisor(s)
Contact(s)
Data Collector(s)
Collections
Files
Research Projects
Organizational Units
Journal Issue
Online Access
Abstract
"Divergent interpretations of “daily” in the context of the Clean Water Act’s “total maximum daily load” program have created a circuit split between the D.C. Circuit and the Second Circuit. In 2006, the D.C. Circuit decided in Friends of the Earth v. EPA that “daily” means “every day.” Several years earlier the Second Circuit in NRDC v. Muszynski had decided “daily” could mean “seasonally” or “annually.” The D.C. Circuit’s opinion should ultimately govern because the holding applies Chevron properly and promotes the policy goals of the Clean Water Act. The circuit split and EPA’s subsequent revision of its own interpretation of “daily” present questions about the future of this potentially farreaching and controversial Clean Water Act regulatory program. EPA’s recent reinterpretation of “daily” craftily incorporates the Friends of the Earth ruling while maintaining the flexible regulatory structure that allows for less rigorous environmental standards. If challenged, the agency’s recent interpretation of “daily” will likely be given deference under Chevron. In light of EPA’s actions, policymakers must now consider reforming the TMDL program to better apply pollution standards equitably to major polluters, including the agriculture industry—the nation’s largest water polluter." (p. 1)
Note(s)
Topic
Type
Article
Date
2007
Identifier
ISBN
DOI
Copyright/License
With permission of the license/copyright holder