University of Chicago Legal Forum Volume 1997 | Issue 1 Article 16 Arkansas v. Oklahoma: Restoring the Notion of Partnership under the Clean Water Act Katheryn Kim Frierson
[email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Frierson, Katheryn Kim () "Arkansas v. Oklahoma: Restoring the Notion of Partnership under the Clean Water Act," University of Chicago Legal Forum: Vol. 1997: Iss. 1, Article 16. Available at: http://chicagounbound.uchicago.edu/uclf/vol1997/iss1/16 This Comment is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact
[email protected]. Arkansas v Oklahoma: Restoring the Notion of Partnership Under the Clean Water Act Katheryn Kim Friersont The long history of interstate water pollution disputes traces the steady rise of federal regulatory power in the area of environ- mental policy, culminating in the passage of the Clean Water Act Amendments of 1972.1 Arkansas v Oklahoma2 is the third and latest Supreme Court decision involving interstate water pol- lution since the passage of the 1972 amendments. By all ac- counts, Arkansas is wholly consistent with the Court's prior decisions. In Milwaukee v Illinois3 and InternationalPaper Co. v Ouellette,4 the Court held that the Clean Water Act ("CWA") preempted all traditional common law and state law remedies. Consequently, states lost much of their traditional authority to direct water pollution policies. Despite the claim that the CWA intended "a regulatory 'partnership' between the Federal Govern- ment and the source State", Milwaukee and InternationalPaper placed states in a subordinate position to the federal govern- t B.A.