School of Law NEDC Air and Water
 



Air and Water
Project Group

NEDC's Air and Water group consists of members working together to address water and air quality concerns facing the Pacific Northwest. We comment on NPDES permit applications, monitor state and federal agency compliance with environmental laws, conduct legal research in support of NEDC actions, and regularly engage in litigation to clean up degraded waters. NEDC is also one of the only organizations in the state working to address pollution from factory farms and industrial stormwater, as well as regularly challenging underprotective state-issued pollution discharge permits.


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Designated Areas of Concern

Throughout our history, NEDC has been an outspoken advocate for the protection of water quality in the Pacific Northwest. In 1986, for example, NEDC brought precedent-setting Clean Water Act litigation against the U.S. EPA that compelled Oregon to begin establishing Total Maximum Daily Loads for hundreds of degraded waterbodies. In another landmark case, NEDC v. Unified Sewerage Agency of Washington County (USA), NEDC won one of the largest settlements ever recorded against a municipal agency. The settlement resulted in the establishment of the Tualatin River Water Quality Endowment Fund, which has disbursed over 2 million dollars since 1992 to fund watershed restoration and advocacy efforts in the Tualatin River basin. In 1990, NEDC successfully used the Clean Water Act to prevent state certification for construction of a dam that would have impounded the last free-flowing stretch of the Upper Klamath River in Oregon. In recent years, NEDC has pursued one of the most aggressive industrial stormwater Clean Water Act enforcement campaigns of any group in the nation.

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Air and Toxics

The Pacific Northwest is one of the most rapidly developing regions in the country. This development strains natural resources and often adversely affects air quality. NEDC is regularly involved in efforts to maintain or enhance the air quality of the Pacific Northwest. One of the primary ways we accomplish this is by serving as a watchdog over Oregon's Department of Environmental Quality (DEQ) and its permitting process. The Clean Air Act requires emissions sources to apply for permits that outline performance standards and emission limitations. Student volunteers regularly comment on proposals for new permits and permit modifications, monitor current permits in search of violations, and stay on top of major air quality issues, such as changes in administrative regulations.

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National Pollutant Discharge Elimination System (NPDES) Comments

The National Pollutant Discharge Elimination System (NPDES) permitting program is a cornerstone of the Clean Water Act. The NPDES program's goal is to eliminate the addition of all pollutants into public waters. NEDC takes an active role in the NPDES permitting process, commenting on the effectiveness and legality of proposed NPDES permits.