Thursday, November 25, 2021

A Civil Action (1998) and Water Rights


 

Ultimately, in A Civil Action Attorney Jan Schlichtmann (John Travolta) and his law firm settle with both Grace and Beatrice, but Schlichtmann also sends his case files to the EPA, including a report from a worker who witnessed the cleanup that proves toxic waste had been dumped in the city’s water supply, and the EPA forces both Grace and Beatrice to pay 69.4 million dollars in cleanup costs because both companies violated the Clean Water Act.




According to a summary of the Clean Water Act from the EPA, “the Clean Water Act (CWA) establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters,” but not groundwater sources. Based on this 1972 Clean Water Act, the EPA “has implemented pollution control programs such as setting wastewater standards for industry” and “set water quality standards for all contaminants in surface waters,” making it illegal to “discharge any pollutant from a point source into navigable waters, unless a permit was obtained.” 




The Clean Water Act helps control one important element of the riparian doctrine, ensuring that downstream water uses are not adversely affected by those upstream. The Clean Water Act and the EPA monitoring it become integral agents in A Civil Action and the actual court case it inspired.

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