Nature Fights Back: Rivers And Lakes Sue Polluters

Rivers and lakes are essential sources of drinking water, but they are also vulnerable to pollution from various human activities. Water pollution occurs when harmful substances contaminate these water bodies, degrading water quality and rendering it toxic to humans and the environment. While governments have enacted laws such as the Clean Water Act to protect water resources, pollution incidents still occur, and the enforcement of regulations can be challenging. In some cases, rivers and lakes themselves are recognised as legal entities with rights, and lawsuits have been filed to protect these water bodies from polluters. This approach recognises the intrinsic value of these ecosystems and seeks to hold polluters accountable for their actions.

Industrial facilities and the Clean Water Act

The Clean Water Act (CWA) is the primary federal statute regulating the protection of the nation's water in the US. It was established in 1972, with the Environmental Protection Agency (EPA) setting strict Effluent Limitation Guidelines (ELGs) that limit the maximum contaminant levels allowed to be present in industrial wastewater and discharge water.

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the US and regulating quality standards for surface waters. The Act makes it unlawful to discharge any pollutant from a point source into navigable waters without a permit. Point sources are discrete conveyances such as pipes or man-made ditches.

The EPA's National Pollutent Discharge Elimination System (NPDES) permit program controls these discharges. Individual homes that are connected to a municipal system, use a septic system, or do not have a surface discharge do not need an NPDES permit. However, industrial, municipal, and other facilities must obtain permits if their discharges go directly into surface waters.

The CWA also establishes several major integrated regulatory programs, standards, and plans, including:

• The National Pollutant Discharge Elimination System (NPDES) Program, which establishes an effluent permit system for point-source discharges of pollutants into US waters.
• National and Local Pretreatment Standards, which require new and existing industrial users to pre-treat wastewater discharged to Publicly-Owned Treatment Works (POTWs) to prevent pollutants from passing through POTWs and to protect the quality of the sludge generated by these plants.
• The Dredge or Fill Discharge Permit Program, which establishes a permit system, administered by the Army Corps of Engineers, for regulating the placement of dredged or fill material into US waters, including wetlands.
• The Sewage Sludge Use and Disposal Program, which establishes a permit system covering the use and disposal of sewage sludge by land application, surface disposal, incineration, and disposal in a municipal solid waste landfill.
• Water Quality Management, which establishes policies and program requirements for water quality planning, management, and implementation under various sections of the CWA.

The CWA also outlines Federal Facility Responsibilities, which include:

• Obtaining any applicable NPDES permit and managing direct discharges in compliance with permit conditions.
• Managing discharges to a POTW in accordance with established federal, state, and local pretreatment standards.
• Managing domestic treatment works in accordance with sludge requirements.
• Applying for dredge and fill permits for construction and development projects.
• Monitoring, recording, and reporting pollutant effluent concentrations.
• Developing, implementing, and maintaining stormwater pollution prevention plans and obtaining necessary permits.
• Developing and implementing Spill Prevention, Control, and Countermeasure (SPCC) Plans.
• Establishing and maintaining records, reports, monitoring equipment, and other information as required by the EPA Administrator.

The CWA is the primary federal statute governing the restoration and maintenance of the "chemical, physical, and biological integrity of the Nation's waters." It is based on the Federal Water Pollution Control Act of 1948, which was significantly reorganized and expanded in 1972, with subsequent major amendments in 1977 and 1987.

Nitrogen and phosphorus pollution

Nitrogen and phosphorus are primarily used in agriculture to grow crops and are found in animal manure and chemical fertilizers. When these nutrients are not fully utilized by plants, they can be lost from farm fields, negatively impacting the air and water quality. This can lead to eutrophication, where excessive growth of aquatic plants and algae clog water intakes, block light to deeper waters, and use up oxygen as they decompose, leading to "dead zones" devoid of aquatic life.

Other sources of nitrogen and phosphorus pollution include stormwater runoff in urban areas, wastewater from sewer and septic systems, fossil fuels, and fertilizers, soaps, and detergents used in and around homes. These pollutants can enter waterways through runoff or be discharged directly into them.

The effects of nitrogen and phosphorus pollution are far-reaching. In the US, almost 20% of the 50,000 lakes surveyed by the EPA in 2010 were impacted by this type of pollution, doubling the likelihood of poor ecosystem health. It also affects drinking water sources, with high nitrate levels causing health issues, particularly in young infants and young livestock.

To address nitrogen and phosphorus pollution, it is essential to implement best management practices. This includes improving runoff management, manure storage, and nutrient and sediment control systems, as well as upgrading wastewater treatment facilities to specifically remove these nutrients.

Sewage and wastewater

Wastewater contains pollutants such as pathogens, phosphorus, nitrogen, heavy metals, and toxic chemicals from industrial waste. When released into waterways, these pollutants can have detrimental effects on aquatic ecosystems and human health. In the United States, wastewater treatment facilities process about 34 billion gallons of wastewater per day. However, aging and overwhelmed sewage treatment systems also release more than 850 billion gallons of untreated wastewater annually, according to EPA estimates.

The impact of sewage and wastewater pollution is far-reaching. High levels of nitrogen and phosphorus in water bodies can lead to algal blooms, which can be harmful to both people and wildlife. These algal blooms can cause eutrophication, resulting in "dead zones" where waters are devoid of life. Additionally, chemicals and heavy metals from wastewater can contaminate waterways, posing toxic threats to aquatic life and accumulating in the food chain.

To address sewage and wastewater pollution, it is crucial to implement proper treatment and management practices. This includes upgrading and maintaining sewage infrastructure, reducing nutrient runoff from agricultural and urban sources, and enforcing regulations on point source and nonpoint source pollution. By taking these measures, we can help protect our precious water resources and safeguard the health and well-being of both ecosystems and human communities.

Oil pollution

In New Zealand, the Whanganui River has been granted rights of personhood, meaning it can act as a person in a court of law and has legal standing. This means that the river can sue to protect itself from harm, including pollution. In 2011, the Vilcabamba River in Ecuador was also able to bring a successful case to court, suing through its representatives, an American couple with riverfront property. They argued that a planned road project would deposit large quantities of rock and excavation material into the river.

In the United States, oil pollution is a significant issue, with consumers accounting for the vast majority of oil pollution in the country's seas. This includes oil and gasoline that drips from millions of cars and trucks every day. In addition, nearly half of the estimated 1 million tons of oil that enters marine environments each year comes from land-based sources such as factories, farms, and cities. At sea, tanker spills account for about 10% of global oil in waters, while regular operations of the shipping industry contribute about one-third.

Oil spills in rivers can have unique impacts compared to spills in the open ocean due to differences in water density, river currents, vegetation, and sediment. Some oils are denser than river water and can sink, making cleanup more challenging. River currents generally flow downstream, making it easier to predict the movement of spilled oil. Vegetation along riverbanks can also be affected by oil spills and are much harder to clean than sandy beaches. Additionally, rivers often carry a lot of sediment, which can stick to oil droplets, potentially settling on the riverbed near the river mouth.

To address oil pollution, it is important to understand the sources, which can include point source pollution, such as discharges from manufacturers, oil refineries, or wastewater treatment facilities, and nonpoint source pollution, such as agricultural or stormwater runoff. By regulating these sources and implementing proper waste disposal practices, we can help reduce oil pollution in rivers and other water bodies.

Radioactive substances

One example is the case of the Missouri Attorney General suing Republic Services in 2013. The lawsuit accused the company of allowing toxic, black water to runoff from a landfill, emitting hazardous substances, including radioactive material, into the surrounding environment. This case demonstrates the recognition of the harmful impacts of radioactive pollution and the legal system's role in holding polluters accountable.

Another instance where legal action was considered is the community's opposition to using the Hudson River as a dumping ground for radioactive waste. The community's stance highlights their concern for the environmental and health risks associated with radioactive pollution. While it is unclear if the matter resulted in a lawsuit, it showcases the public's willingness to take a stand against polluters.

To address radioactive pollution in rivers and lakes, regulatory agencies, such as the Environmental Protection Agency (EPA), play a crucial role in monitoring, assessing, and mitigating the impacts. The EPA has the authority to enforce regulations, conduct scientific testing, and implement cleanup plans to minimise the harm caused by radioactive substances. Their involvement is essential to ensure the protection of both the environment and public health.

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