In this Emerging Issues Commentary, Laura Fandino of the Marten Law Group discusses petitions filed by the Center for Biological Diversity seeking to have 8 coastal states institute controls to reduce acidification of their coastal waters. Each petition urges the respective state to list ocean waters under their jurisdiction on the Clean Water Act (CWA) 303(d) list and to set Total Maximum Daily Loads (TMDLs) for carbon dioxide to curb acidification of the oceans. Expert analysis is provided on the effect the petitions may have, including barriers to its success, one of which is states deciding not to list their marine water segments based on an analysis of the information presented. For the complete commentary, click on the link below.

Marten Law Group: Petitions Seek to Use CWA’s TMDL Process (Climate Change Sept. 2007)