By Michael Curley
Water quality is a major problem throughout the United States. But it’s not nearly as bad as it used to be. In 1969, the Cuyahoga River in Cleveland was so polluted that it actually caught fire! That made headlines all across the country and galvanized the U.S. Congress into passing the Clean Water Act (CWA) in 1972 over the veto of President Richard Nixon. The CWA contained a funding provision called the construction grant program to be administered by the U.S. Environmental Protection Agency (EPA). Over the next 15 years, EPA handed out over $70 billion of funds to local governments or authorities for sewer projects. The construction grant program required a local match. So, between the federal grants and the local matching funds, the United States spent well over $100 billion controlling urban water pollution between 1972 and 1987.
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The author’s statement that “There is no legal authority in the CWA to require the farmer to do anything. He can simply go on polluting” is not true. I think it was originally true but was addressed via CWA Amendments some time ago. The proof is that some states that choose to implement the Clean Water Act can and do regulate agricultural pollution through a variety of non-point source instruments including Waste Discharge Requirements.
What is true, however, is that most states implementing the CWA, as well as those that don’t, are loath to EFFECTIVELY regulate agricultural pollution. It is not that they do not have the authority and tools; it is just that they do not have the political will to treat Ag and the sacred cows (dairy and beef) as industries.