Rethinking National Wildlife Federation v. Gorsuch: The Case for NPDES Regulation of Dam Discharge

The reservoir created by damming a river and the dam itself contribute to a host of adverse environmental effects. These environmental harms would not occur in the same quantity or quality but for the existence of the dam-reservoir construct. In many cases, these environmental harms manifest in the...

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Bibliographic Details
Published in:Ecology law quarterly 2011-01, Vol.38 (4), p.797-850
Main Author: Enion, M. Rhead
Format: Article
Language:English
Subjects:
Dams
Environmental agencies
Environmental legislation
Freshwater
Natural reservoirs
Point source pollution
Point sources
River water
Sediments
Water pollution
Water quality
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Summary:The reservoir created by damming a river and the dam itself contribute to a host of adverse environmental effects. These environmental harms would not occur in the same quantity or quality but for the existence of the dam-reservoir construct. In many cases, these environmental harms manifest in the form of pollutants that may be discharged by dam operations to the downstream waters. National Pollutant Discharge Elimination System permits should therefore be required for dam discharge. The U.S. Environmental Protection Agency, however, has refused to regulate dam discharge under the National Pollutant Discharge Elimination System, relying on a 1982 D.C. Circuit opinion, National Wildlife Federation v. Gorsuch. More recent court opinions, scientific studies, and the Environmental Protection Agency's own water quality regulations have undermined Gorsuch. The time has come, therefore, to follow the statutory requirements of the National Pollutant Discharge Elimination System by regulating dam discharge accordingly.
ISSN:0046-1121