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Abstracts
Workgroup: Aquaculture and Hatchery Issues
Legal Authority to Clean Up Oyster Beds Closed Due to Pollution
Principal Investigator(s):
Erinn Neyrey, Louisiana State University Sea Grant Legal Program, sglegal@lsu.edu
Co-Investigator(s):
James Wilkins, LSU Sea Grant Legal Program
Funding Period: 9/1/99 to 8/31/2000
A thorough analysis of existing statutory, regulatory, and case law was conducted to determine whether authority existed under the Clean Water Act and Louisiana water quality laws to allow oyster farmers to require cleanup of oyster beds contaminated by violating those laws. The analysis determined that there were two methods oyster farmers could pursue under the CWA: Supplemental Environmental Programs (SEP) and the citizen suit provisions. Strategies were discussed that would be more likely to result in cleanup of polluted oyster beds. The CWA also provides a possible mechanism for restoring oyster beds through the Clean Water State Revolving Fund. This fund has been underutilized in Louisiana for projects that benefit shellfish. Under the Louisiana Environmental Quality Act the researchers concluded that the law can be interpreted to allow the Louisiana Dept. of Environmental Quality to require oyster bed cleanup though it had not previously been used for that purpose. In addition the recently adopted Beneficial Environmental Projects regulations give DEQ and the public a new avenue to seek remediation of environmental damage.
IMPACTS and/or BENEFITS:
The great majority of oyster farmers in Louisiana and the Gulf are unaware of the potential under the CWA and state water quality laws for cleanup and remediation of polluted oyster beds. The research funded by this project is intended to inform oyster farmers in this area of law so that they may take advantage of the opportunities presented. We have received feedback that there are several oyster farmers who may attempt to gain redress under the mechanisms described by this project.
PROJECT PUBLICATIONS:
Erinn W. Neyrey and M. Michelle Marney, Cleanup of Contaminated Oyster Beds Under the Clean Water Act and Louisiana's Environmental and Water Quality Laws. Journal of Natural Resources & Environmental Law, Vol. 16 No. 2, 179-202, 2002
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