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The Clean Water Act’s 50th Anniversary

October 18, 2022, marked the anniversary of the Clean Water Act (CWA), the primary federal law governing pollution control and quality of the waters of the United States. Though the Act has achieved vital successes, whether they can be sustained and how further progress can be made remain fundamental questions. On October 25, 2022, the Environmental Law Institute hosted a panel of experts at its 2022 Annual Policy Forum to evaluate the past 50 years of the CWA, while looking ahead to the next 50 years.

Salmon, Climate Change, and the Future

This Article examines the nature of the threats that climate change poses and will continue to pose for salmon recovery, as well as possible legal responses to combat these threats. It also considers the future prospects of Pacific salmon in a world that will include significant climate change and other threats to preserving and equitably apportioning the salmon resource, whose environmental sensitivity and expansive life cycle will continue to pose substantial challenges for the foreseeable future.

State Protections of Nonfederal Waters: Turbidity Continues

This Comment examines the legal framework for state protection of nonfederal waters and its implications for cooperative federalism. After a brief overview and legal background, it identifies some recent state actions that attempt to fill gaps in coverage created by changes in federal interpretations of the Clean Water Act. It then summarizes the current scope of state regulation of waters in every state, in order to discern the likely impact of changes at the federal level on the status of waters in the states.

Arctic Anadromy and Congested Regime Governance

The Tana River in northernmost Norway is the most diverse Atlantic salmon river in the world. Its native salmon population has declined dramatically and resulted in a fishing ban that has affected indigenous life and distressed the local economy. Concern is mounting over the secondary infestation of Pacific pink salmon, transplanted decades ago, which creates a potential threat to the river’s genetic diversity and challenges the regime structures of international fisheries.

Salmon and the Clean Water Act: An Unfinished Agenda

Salmon require cool temperatures to migrate and reproduce. The Clean Water Act (CWA) requires states to develop and implement water quality standards sufficient to produce fishable waters. Nearly a half-century after its 1972 enactment, the modern federal statute’s goal of fishable waters has yet to be achieved in the case of salmon streams.

Marine Plastic Pollution: How Global Extended Producer Responsibility Can Help

Nearly nine million tons of plastic waste flow into our oceans each year, arriving in many ways—ranging from polluted rivers and waterways to the wastewater from our washing machines. Once in the ocean, this pervasive plastic pollution is nearly impossible to clean up. If there is anything positive to say about such a broad and complex challenge, it is that there are multiple ways to tackle the problem. Legal and policy solutions are increasingly moving away from the piecemeal, product-by-product approach of single-use plastic bans and toward mor