The Clean Water Act (CWA) of 1972 regulates water quality in U.S. inland waters under a system of cooperative federalism in which states are delegated implementation and enforcement authority of CWA provisions by the U.S. Environmental Protection Agency. We leveraged heterogeneity in state implementation of the CWA to evaluate the efficacy of its nonpoint source provisions in reducing nutrient pollution, the leading cause of water quality impairment in U.S. inland waters. We used national survey data to estimate changes in nutrient concentrations over a decade and evaluated the effect of state-level policy implementation. We found no evidence to support an effect of (i) grant spending on nonpoint source pollution remediation, (ii) nutrient criteria development, or (iii) water quality monitoring intensity on 10-year trends in nutrient concentrations. These results suggest that the current federal policy paradigm for improving water quality is not creating desired outcomes.
The Clean Water Act (CWA) is the primary federal mechanism by which the physical, chemical, and biological integrity of streams, lakes, and wetlands are protected in the United States. The CWA has evolved considerably since its initial passage in 1948, including explicit expansions and contractions of jurisdictional scope through a series of legislative actions, court decisions, and agency rules. Here, we provide a practical summary of the CWA's evolution, detailing the major updates or revisions and their circumstances. Additionally, we identify the jurisdictional scope of the law for rivers and streams, lakes, and wetlands based on the language used and implementation by the agencies during the same time period. While the rulemaking process commonly uses language that will be abstract to many hydrologists, understanding the on‐the‐ground implications, quantifying regulatory (un)certainties, and assessing the magnitude of changes through time is important to understanding the implications of environmental regulation development, litigation, and enforcement. Thus, we translate the enforcement norms and definitions into quantitative estimates for Clean Water Act scope in the Wabash River Basin (Illinois, Indiana, and Ohio, USA) as a demonstration of the spatial consequences of changing regulatory language.
This article is categorized under: Engineering Water > Planning Water Human Water > Water Governance Water and Life > Conservation, Management, and Awareness
- NSF-PAR ID:
- 10373741
- Publisher / Repository:
- Wiley Blackwell (John Wiley & Sons)
- Date Published:
- Journal Name:
- WIREs Water
- Volume:
- 9
- Issue:
- 5
- ISSN:
- 2049-1948
- Format(s):
- Medium: X
- Sponsoring Org:
- National Science Foundation
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