Irrigation Return Flow or Discrete Discharge? Why Water Pollution From Cranberry Bogs Should Fall Within the Clean Water Act's NPDES Program

摘要

Though not historically subject to the Clean Water Act, cranberry farms are water-intensive and frequently have negative impacts on water quality due to excessive discharges of phosphorus and pesticide residue. The authors demonstrate why a recent public nuisance lawsuit in Wisconsin against a cranberry grower proved to be largely ineffective, and argue that the NPDES permit system would provide a more efficient means to control pollution from cranberry farms, despite the "irrigation return flow" exemption in the CWA.