Ecosystem Services And The Clean Water Act: Strategies For Fitting New Science Into Old Law

ECOSYSTEM SERVICES AND THE CLEAN WATER ACT: STRATEGIES FOR FITTING NEW SCIENCE INTO OLD LAW

Abstract

This Article explores the administrative reform potential that exists for integrating new knowledge about ecosystem services into Clean Water Act (CWA) regulatory programs as an example for all environmental laws. Part II of the Article reviews the relevant general rules of federal administrative law governing agency interpretation of the policy space available under statutory authority for integrating new science into decision making. Part III then explores the strategies an agency such as EPA can use under those rules to integrate the concept of ecosystem services into regulatory programs by searching for statutory provisions to support what I call “direct protection” authority and “performance metric” authority. Part IV of the Article turns to the dredge and fill permit program of section 404 of the CWA and the water quality standards and total maximum daily load (TMDL) program of section 303 of the CWA as its case studies, showing how opportunities for and obstacles to the two integration strategies arise in the structure and text of the statute. The Article closes with some thoughts on a more overarching agenda for working ecosystem services into existing federal environmental protection programs.

TABLE OF CONTENTS
Cover Page – – – – – – – – – –
Title Page – – – – – – – – – –
Certification – – – – – – – – – –
Dedication – – – – – – – – – –
Acknowledgement – – – – – – – – –
Abstract – – – – – – – – – –
Table of Content – – – – – – – – –
Chapter One: Introduction
Background of the Study – – – – – –
Statement of the Problem – – – – – –
Objectives of the Study – – – – – – –
Research Questions – – – – – – –
Research Hypotheses – – – – – – –
Significance of the Study – – – – – – –
Scope/ Limitation of the Study – – – – – –
Definition of Terms – – – – – – –
Chapter Two: Review of Related Literature
2.1 Introduction – – – – – – – – –
2.2 Conceptual Framework – – – – – – –
2.3 Theoretical Framework – – – – – – –
2.4 Empirical Review – – – – – – – –

Chapter Three: Research Methodology
3.1 Introduction – – – – – – – –
3.1 Research Design – – – – – – – –
3.3 Area of the Study – – – – – – – –
3.4 Population of the Study – – – – – – –
3.5 Sample Size and Sampling Techniques – – – –
3.6 Instrumentation – – – – – – – –
3.7 Validation of the Instrument – – – – – –
3.8 Administration of the Instrument – – – – –
3.9 Method of Data Analysis – – – – – – –

Chapter Four: Presentation, Analysis and Interpretation of Data
4.1 Introduction – – – – – – – – –
4.2 Presentation and Analysis of Data – – – – –
4.3 Testing of Hypotheses – – – – – – –
4.4 Discussion of Findings – – – – – – –
Chapter Five: Summary, Conclusion and Recommendations
5.1 Introduction – – – – – – – – –
5.2 Summary – – – – – – – – –
5.3 Conclusion – – – – – – – – –

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