In July 2000, EPA promulgated new regulations to implement Section 303(d) of the Clean Water Act by requiring states to set Total Maximum Daily Loads (TMDLs) for water bodies that do not meet water quality standards. Primarily, these regulations were meant to address pollution from non-point sources. However, as the result of the settlement of a lawsuit between environmental and agricultural interests and the EPA, the implementation of the regulations was postponed until March 2003. In this comment, the author suggests that the key to implementing TMDLs and to controlling non-point source pollution is through land use management, and further suggests that using a new framework approach to land use regulations could provide opportunities for federal, state and local governmental cooperation. This framework categorizes land use controls into Land Use, Land Abuse and Land Re-Use approaches. These approaches focus on the temporal perspective of the management or control technique and in so doing help clarify the appropriate level of government, as well as other important parties, that may more effectively take the lead in TMDL implementation.
Recommended CitationPaula J. Lebowitz, Land Use, Land Abuse and Land Re-Use: A Framework for the Implementation of TMDLs for Nonpoint Source Polluted Waterbodies, 19 Pace Envtl. L. Rev. 97 (2001)
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