306a Water Quality Regulation - the Past 100 Years

Steven T. Miano, Hangley Aronchick Segal & Pudlin, One Logan Square, 18th & Cherry Streets, 27th Floor, Philadelphia, PA 19103-6933

The scope and breadth of water quality regulation has changed significantly over the last 100 years. These changes have, in most cases, been reactive. Industrial activities at the turn of the century turned rivers into industrial sewers. Rampant disposal of industrial wastes into rivers continued through the mid 1900s, culminating in rivers such as the Cuyahoga in Cleveland, OH catching fire in 1969. These activities led, inevitably, to more stringent water quality regulation. In addition, future population shifts, agricultural activities and global warming will continue to have significant effects on water quality. This session will discuss the history of water quality regulation, tracing its roots from the 1899 Rivers and Harbors Act, to the Clean Water Act of 1948, the Federal Water Pollution Control Act Amendments passed in the 1970s, the Safe Drinking Water Act in 1974, the Oil Pollution Act of 1990, and subsequent amendments to most of these statutes. In addition, many states had independent, and sometimes earlier, regulatory programs that played and still play a significant role. Also, law suits by environmental groups forced further regulation required by statute but never implemented by regulatory agencies. Examples include wetlands regulation, stormwater and Total Maximum Daily Loads (TMDL). Finally, recent litigation before the US Supreme Court has resulted in significant uncertainty regarding federal jurisdiction of waters of the United States. The historical perspectives gained during this session will provide a solid foundation for understanding and working with likely future water quality regulation.