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Unpublished Paper
Major Terrestrial Causes of Marine Coastal Pollution: A Critique of Current Regulation and the Suggestion of an Alternative Approach to Regulation
Vermont Law School: George Perkins Marsh Fellow in Environmental Law (2002)
  • Chad J McGuire
Abstract
The purpose of this article is to identify agricultural operations as the major source of marine pollution, and present an argument for an alternate regulatory mechanism to properly control these sources. First, causes of marine pollution will be identified. Then, existing federal regulations will be reviewed and criticized. Some emphasis will be placed on §303 of the CWA, and the Total Maximum Daily Load (TMDL) program suggested by EPA. It will be used as a case study to show why ambient-based regulations are ineffective at controlling pollution sources. Limitations on other regulatory programs will be identified and explained. An alternate form of regulation encompassing a “technology with alternatives” approach will be suggested and criticized. This alternate form of regulation will be differentiated from other proposed forms of regulation. Finally, an example of a cooperative solution being implemented in Idaho will be discussed. The reasons for its success will be analyzed and compared to the “technology with alternatives” approach.
Keywords
  • Law,
  • Environmental Law,
  • Water Law
Disciplines
Publication Date
2002
Citation Information
Chad J McGuire. "Major Terrestrial Causes of Marine Coastal Pollution: A Critique of Current Regulation and the Suggestion of an Alternative Approach to Regulation" Vermont Law School: George Perkins Marsh Fellow in Environmental Law (2002)
Available at: http://works.bepress.com/chad_mcguire/9/