Litigation gooses antidegradation implementation procedure development in Idaho

Our friends at the Idaho Conservation League are moving the water quality discussion forward in Idaho again. New litigation promises to speed development of antidegradation implementation procedures -- designed to keep healthy waters healthy -- in the state.

According to an Associated Press article, the Idaho Conservation League has brought a case against U.S. EPA demanding the agency either craft an antidegradation implementation procedure for Idaho itself, or insist the state do so.

The Clean Water Act and its federal regulations require states to develop both an antidegradation policy and procedures for implementation that policy. In the Act's 37 year lifespan to date, there has been little action in the states on antidegradation. Most states at this point have a policy in place, but implementation procedures are either missing or -- in more cases -- minimal and vague.

In the Intermountain West, only Nevada and Idaho are completely without implementation procedures. For more on antidegradation in the region, see our recent regional analysis.

A court decision in Kentucky and advocacy in other states around the issue has raised the profile of antidegradation policies and how to implement the policy. If you haven't heard much about antidegradation in the past, you can trust that you'll be hearing a lot about it in the future. To learn more about this policy tool, visit the antidegradation section of the Water Quality Standards Lesson in our online Clean Water Act course.