Document Type
Student Note
Abstract
The Chesapeake Bay is one of the most important estuaries in the United States, adding to the region’s ecological, economic, recreational, historic, and cultural value. In 1982, a study was conducted that determined that a rapid loss of aquatic life in the Bay was due to nutrient pollution, specifically nitrogen and phosphorus, the majority of which is associated with the agricultural industry. A number of the jurisdictions2 within the Bay Watershed established the first Chesapeake Bay Agreement in 1983, aimed at abating the issues. Over the next four decades, the Agreement was then modified and resigned, additional jurisdictions have signed on, and altogether new Agreements have been established, all with the intent that the local and federal governments would work together cooperatively to reduce and control nonpoint source pollution. Today, however, nonpoint source pollution continues to be a major problem in the Chesapeake Bay, with hypoxic zones still existing in large expanses of water throughout the summer months. Clearly, a change in the restoration approaches within the Bay is necessary, and a less adversarial management system is key to achieving success. This Note will offer a comprehensive analysis of the previous efforts to control nutrient pollution within the Chesapeake Bay Watershed. This Note will then address the currently pending litigation regarding the continued failure to achieve adequate water quality within the Chesapeake Bay. Finally, this Note will analyze the potential issues associated with the previous efforts and the current litigation and suggest a less complicated and less adversarial system for managing restoration efforts in the Chesapeake Bay Watershed, such as an intergovernmental compact establishing a commission with near-total authority.
Recommended Citation
Madison Hinkle,
Keeping Nutrient Pollution at Bay: An Analysis of Efforts to Mitigate Non-Point Source Pollution in the Chesapeake Bay,
124
W. Va. L. Rev.
291
(2021).
Available at:
https://researchrepository.wvu.edu/wvlr/vol124/iss1/10