Shortly after my piece “Filtering the Clean Water Act” went up at Hoover’s Defining Ideas, I got an email from Eric Wolinsky, who asked this question:
Lake Champlain has a significant pollution problem caused in large part by runoff from agricultural fields. The current rules require a buffer between crop land and ‘waterways.’ The problem is that there are no required buffers between cropland and ditches that don’t meet the definition of ‘waterways.’ During rains, the runoff enters the ditches, [and then] travels to the ‘waterways’ and on to Lake Champlain. The waterways are buffered, but the ditches are not. The runoff gets to the lake just as if the buffers on the waterways weren’t there.