William & Mary Environmental Law and Policy Review


Chase Corey


As society progresses and the population grows, uninhibited and unregulated pollution has become a pressing dilemma for current and future generations. Whether it is plastic on the beaches, oil in the oceans, or smog in the air, modern citizens of the Earth face a daily onslaught of visible consequences from the actions of polluters. But what about the not so visible consequences? Every day there is pollution occurring at a microscopic level, yet many are unaware of its presence. This infinitesimal issue is nutrient pollution, and despite its diminutive cause, it is deeply affecting one of the world’s most vital resources: water. With the Second Circuit’s reversal of the Catskill Mountains decision and the Supreme Court’s denial of certiorari, the chance to kill a nutrient-pollution-enabling EPA rule may have slipped through America’s fingers for the foreseeable future.