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Section 401 of the Clean Water Act and its Application to Nonpoint Source Pollution in California

Scott Smithline

Abstract

This note addresses the Dombeck opinion and its relation to the State of California's nonpoint source water pollution. A brief description of Section 401 provides contextual support for the court's holding in Dombeck. In addition, the full impact of the Dombeck decision on California water quality cannot be understood without a discussion of the current nonpoint source pollution issues, and pollution control mechanisms currently in place on federal lands within California. Therefore, a brief analysis of nonpoint source pollution issues and policy (generally in the context of grazing) will precede the Dombeck case analysis.

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Key concepts: Clean Water Act, Nonpoint source pollution, Section (typography), United States regulation of point source water pollution, Pollution, Environmental science, Water pollution, Clean water