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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.

Recycling Is Rubbish: Reinvent, Realign, and Restructure U.S. Material Management

The United States currently does not have capacity to recycle its waste domestically, nor can it export the amount of waste it once did. Many states are trying to solve this crisis through novel legislation, but states cannot solve this crisis on their own. This Article argues that the federal government should take the lead in developing new law and policy designed to increase national recycling rates.

The U.S. Plastics Problem: The Road to Circularity

Plastics pollution has been an issue in the United States since discovery of the Great Pacific Garbage Patch catapulted it to the forefront of news reporting. Regulatory and academic activity around plastics has had a common feature: it focused almost exclusively on one stage in plastics’ linear model and framed the problem as a waste problem.

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