Few commentators doubt the value of clean, unadulterated waters teeming with varied and colorful aquatic life. The debate centers instead on more pragmatic concerns, that is, how to best accomplish the accepted imperative. Some maintain that the primary responsibility should fall on the federal government because of its insularity from regional economic and political pressures. Others suggest that states should take the lead because of their familiarity with and ability to respond to local environmental concerns. Both sides have valid points.

Editors' Summary: In 1989, a National Research Council study concluded that contaminated sediments are "widespread in U.S. coastal waters" and have "potentially far-reaching consequences to both public health and the environment." A 1996 interim EPA report reached a similar conclusion. This concern over contaminated sediments is not new. It has manifested itself in a dizzying array of statutory and regulatory restrictions on the disposal of these sediments.

Editors' Summary: Regulation of point source discharges under the Federal Water Pollution Control Act (FWPCA) has resulted in significant improvements in water quality. Further progress, however, will require attention to stormwater and nonpoint source discharges. This Article describes current legal schemes that regulate point source stormwater discharges and encourage control of nonpoint source releases. The author first discusses phases I and II of EPA's program to regulate stormwater under the FWPCA.