The Clean Water Act and Coastal Zone Management Act: Celebrating 30 Years

Stephanie Showalter, J.D., M.S.E.L

Two keystone laws turned thirty years old this fall as the nation celebrated the successes of the Clean Water Act and Coastal Zone Management Act. The Clean Water Act (CWA) was passed in 1972 “to restore and and maintain the chemical, physical, and biological integrity of the Nation’s waters.”1 In the 30 years since the passage of that landmark legislation, great progress has been made towards its goal.

In June of 1969, the Cuyahoga River, which flows through Cleveland, Ohio, was so polluted that it caught on fire. The events of that summer galvanized the nation and eventually led to the passage of the CWA. Congress intended for all rivers in the United States to be “fishable” and “swimable” by 1983. Although that lofty goal has yet to be achieved, over two-thirds of US waters are safe for fishing and swimming, up from a mere 36% in 1970.2 Over the years, the enforcement of the regulations of the CWA has virtually eliminated the direct discharge of pollutants from industrial sources. Fish and wildlife are starting to return to rivers formally incapable of supporting life. Formerly polluted beaches and lakes, such as the Jersey Shore and Lake Erie, are now prime recreational and tourist destinations.

Even with all that has been achieved under the Clean Water Act, federal, state and local governments struggle to meet the goals of healthy waters. Agricultural and urban runoff is largely unregulated and wetlands face continued threats from development and recent challenges to the CWA threaten the legal basis that has led to cleaner waters nationwide. The Cuyahoga River now supports all types of water-related activities unthinkable 30 years ago. In the next 30 years, the U.S. may achieve the goals of the CWA through strengthened enforcement and regulation.

The Coastal Zone Management Act was adopted in 1972 when Congress declared that it was the national policy of the United States “to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation’s coastal zone for this and succeeding generations.”3 The CZMA enabled the federal government to provide incentives to coastal states to manage their coastal zones and resources. All coastal states, except Illinois, participate in the program.
Over the years, the CZMA has allowed states to increase public access to the coast, improve coastal development, and protect and restore wetlands. More importantly, the CZMA requires all federal activities affecting a coastal zone to be “consistent” with the approved State management programs.4 This consistency requirement has given the states significant authority over the development of their coastal areas.

With the pressures, from expanding populations and pollution, increasing on our Nation’s coasts, coastal managers will continue to look to the CZMA for policy guidance and funding. Even though there are still major hurdles, such as climate change, to deal with in the future, the past 30 years under the CZMA has shown that federal-state partnerships can be successful. Hopefully, the CZMA regime will lead to even greater success in the next 30 years.

ENDNOTES
1. 33 U.S.C. § 1251(a) (2002).
2. A Prescription for Clean Water: How to Meet the Goals of the Clean Water Act, Clean Water Network, October 1997, available at www.cwn.org .
3. 16 U.S.C. § 1452(1) (2002).
4. 16 U.S.C. § 1456(c)(1)(A) (2002).