I. Introduction and Overview

Traveling by water can conjure images of everything from goliath cruise ships to Huckleberry Finn's homemade raft. For some federal courts, however,…

Under the public welfare doctrine, certain regulatory crimes require no showing of the traditional mens rea, or "guilty mind," as a predicate to criminal liability. The doctrine has been used to…

This Article investigates the murky regulatory world of stormwater pollution. Nonpoint source pollution has been described as the most significant water quality problem facing the United States.…

In the wake of the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC), courts have scrambled to reevaluate the scope and…

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…

The last 18 months have produced particularly interesting juridical and administrative pronouncements in the areas of Clean Water Act (CWA or Act) jurisdiction, permits, standards, citizen suits,…

Until the 1970s, federal and state laws did little to control the harmful water quality impacts of mining exploration, and mine wastes were regularly deposited wherever was convenient, including…

For over two decades, courts and agencies have assumed that the Clean Water Act (CWA) grants the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps)…

Thirty years in the making, the total maximum daily load (TMDL) program of §303(d) of the Clean Water Act (CWA) has never seemed farther from implementation. As state governments increasingly have…

The U.S. Environmental Protection Agency (EPA) is in the process of redesigning the Clean Water Act's (CWA's) total maximum daily load (TMDL) program. Section 303 of the Act requires states and,…