The Historian’s Role in the Making of Public Policy

Abstract

Some eight or nine years ago, David Nixon—a political scientist from Penn State University—was struck by the open dumping of industrial wastes into Pittsburgh’s rivers. Research on the topic indicated that under terms of the River and Harbor Refuse Act of 1899, the U.S. Army Corps of Engineers maintained responsibility for issuing permits to private concerns for the discharge of wastes into the nation’s waterways. The Act had also been successfully employed by the Justice Department in prosecuting a handful of past offenders. When the Corps’ district office in Pittsburgh denied any knowledge about such permits, David and a biologist friend began taking water samples from the Monongahela River in Pittsburgh. Subsequent chemical analyses of more than 400 samples verified the polluted condition of the stream caused by certain industrial sources. Upon taking his evidence to the district U.S. Attorney’s office, David Nixon persuaded Richard Thornburgh to file charges which were upheld by the federal district court in 1971—although final resolution would not come until years later. The suit eventually involved the Pennsylvania Chemical Corporation, U.S. Steel, Wheeling-Pittsburgh Steel, and Jones & Laughlin Steel, but David Nixon’s goal was to induce the government to enforce clear violations of existing law. In that regard, President Richard Nixon revived enforcement of the 1899 Refuse Act by Executive Order in December, 1971, and the “permit program” became the basis of enforcement for compliance with the Water Pollution Control Act Amendments of 1972. For more than 20 years prior to 1971, federal efforts to abate water pollution struggled to find some means to enforce compliance and in the process expended well over a billion dollars, without any apparent knowledge of the 1899 law.