The Clean Water Act is central to restoring the Chesapeake Bay.  It was passed in 1972 and the goals of the act are clearly outlined in Title 1, Section 101 of the law, which reads, “The objective of this Act is to restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”

As the EPA explains, the Clean Water Act regulates everything from direct pollutant discharges into waterways to preservation of wetlands and issues relating to municipal wastewater treatment facilities, nonpoint source pollution and runoff.

The law also states, “It is the national goal that wherever attainable, an interim goal of water quality which provides for the protection and propagation of fish, shellfish, and wildlife and provides for recreation in and on the water be achieved by July 1, 1983.”

In Hedrick Smith’s Frontline documentary, Poisoned Waters, Will Baker of the Chesapeake Bay Foundation explains that the Chesapeake watershed is at a turning point, on the verge of being unable to offer a place for recreation, provide food or maintain aesthetic value linked to tourism and state pride.  Smith’s documentary outlines the political history that is behind the inconsistency with environmental cleanup.  The Clean Water Act set goals for 1983 that have still not been met in 2010.

Smith explains that severe degradation of the nation’s waterways led to the creation of the Environmental Protection Agency in 1970 and passage of the Clean Water Act in 1972 under the Nixon administration.  Smith interviews former EPA Administrator, William Ruckelshaus who says, “We had to issue standards and enforce them.”

Smith explains that the public was interested in the environment during the 1970s, and that as a result, significant political progress was made.  The Reagan administration adopted a policy of deregulation during the 1980s, and transformed environmental regulation into a cooperative, voluntary program.  The experts in Smith’s documentary identify this political shift as the root of the ineffective cleanup efforts still taking place today.

President Obama has already made strides towards stricter regulation.  He issued an executive order in May 2009 reiterating the importance of protecting the Chesapeake Bay and calling for stricter enforcement of programs outlined in the Clean Water Act.  In Part 3, Section 301. Water Pollution Control Strategies, Obama calls for “using Clean Water Act tools, including strengthening existing permit programs and extending coverage where appropriate.”

History indicates that stricter regulation leads to better results where the environment is concerned, but the questions remain: Will this political action happen in time to save the Chesapeake? And is there enough public interest to bring about this change?