Clean Water, Dirty Dams: Oxygen Depletion and the Clean Water Act

Abstract

In holding that oxygen depletion caused by dams was not covered under the Clean Water Act (CWA), the courts in the Missouri and Gorsuch II cases opted for a semantic argument that ignores the purpose of the CWA and the realities of water pollution. The inclusion of dam-induced oxygen depletion in Environmental Protection Agency enforcement of the CWA is the correct interpretation of the statute and a feasible result which will produce both economic and environmental benefits. In holding otherwise, the courts have seriously threatened the ability of the country's waterways to sustain aquatic life. If it continues, the situation could prove disastrous.