The Clean Water Act defines "discharge of a pollutant" as "any addition of any pollutant to navigable waters from a point source." This Note examines National Wildlife Federation v. Consumers Power Co., in which the court held that an addition occurs only when a pollutant is introduced into water from the outside world. The Note argues that legislative history and the structure of the Clean Water Act demand an interpretation of "addition" which includes causing a pollutant to appear in water.
Cheri Y. Cornell,
The Clean Water Act: When Dumping Dead Fish Is Not the Discharge of a Pollutant—National Wildlife Federation v. Consumers Power Co., 862 F.2d 580 (6th Cir. 1988),
64 Wash. L. Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol64/iss4/7