Law Assignment Help – Review these articles and do additional research on this water issue

Law Assignment Help – Review these articles and do additional research on this water issue

Law Assignment Help – Review these articles and do additional research on this water issue

Law Assignment Help

I have attached the model which has to be followed Exactly (IRAC)

Problem 1: Review these articles and do additional research on this water issue:

Read chapter 17 from page 736 onward

http://www.salon.com/2015/02/03/oil_companies_are_dumping_waste_into_californias_remaining_drinkable_water_sources/ (Links to an external site.)

http://earthjustice.org/news/press/2015/lawsuit-seeks-to-halt-illegal-dumping-of-toxic-oil-waste-into-california-s-imperiled-water-supplies (Links to an external site.)

http://www.sacbee.com/opinion/op-ed/soapbox/article10718264.html (Links to an external site.)

Chapter 17 problem # 1

Issue: Whether oil companies are violating the 1972 Clean Water Act in California.

Rule: The 1972 Clean Water Act (CWA) was meant to “restore and maintain the chemical,

physical and biological integrity of the nation’s waters” (p. 752). The main national goals of

CWA were: to achieve water quality that would be sufficient for the protection and propagation

of fish, shellfish, and wildlife and also for the purpose of recreation in and on the water and to

eliminate the discharge of pollutants into navigable waters (p. 752).

Analysis: The Clean Water Act has proven effective and has brought about enormous

improvements, still the problems related to water issue persists. According to the 2012 report

given by EPA, “ The West Coast was rated fair to good, the Northeast, Southeast and Gulf coasts

as fair , and the Great Lakes as poor” (p.252). The CWA goals are implemented by limiting the

amount of pollutants that may enter the US waters lawfully from any point source or a pipe. A

permit is required by the dischargers according to the National Pollutant Discharge Elimination

System (NPDES). This permit can be taken from a government agency or EPA before the

effluent is poured by the dischargers into any water body or navigable stream. The permit

requires that the discharger monitors his own performance and finally submit a report to the state

or the EPA and the permit also determines the limits of effluents in the discharge and also

determines and mandates the pollution control process or device that would ensure that the

effluents are not exceeding the given limit.

There is a steady rise in the violations of CWA across the nation and particularly in the

California state. According to the media investigations and other documents, around 130 billion

gallons of wastewater is produced by the oil industry of the state and the state regulators have

allowed drilling more than 2400 illegal injection wells to dispose the wastewater or oil

production into the California aquifers that are protected under the CWA. The water from these

aquifers can be used for drinking and irrigation purpose, but due to the disposal of wastewater

from the oil industries the aquifers are getting polluted. These 2400 injection wells are scattered

from Central Monterey County to Kern and Los Angeles counties (Kretzmann, 2015). The

dumping of wastewater from the oil industry into the state aquifers is a violation of the state law

and the federal Safe Drinking Water Act.

The oil industry is also dumping wastewater into open pits. These pits are unlined and uncovered

and can pose a dangerous problem because they can leak into the ground and also cause air

pollution.

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