Vanderbilt Law Review

First Page



The text of the Act and commentary that follows is the product of a larger study undertaken by Professor Maloney at the request of the 87th General Assembly of the State of Tennessee. This study was the subject of a seminar on environmental protection at the Vanderbilt University School of Law. Four of the participating students--Elbert E. Edwards, III, Thomas H. Graham, Robert D. McCutcheon, and Paul L. Sloan--drafted the proposed statute and commentary under Professor Maloney's supervision with the research assistance of the other members of the class. For many sections of the statute, the drafters drew heavily from the Suggested State Water Pollution Control Act' and the prior Tennessee Stream Pollution Control Law. With the exception of two controversial features that were eliminated by amendments--a user-surveillance fee to provide additional operating funds for the Water Quality Control Board and a provision for initial review of Board action by an appellate court-- the proposed law was enacted by the 87th General Assembly without significant change. The substantive provisions of the Act are reprinted here with bracketed references to comparative legislation from which some of these provisions were derived, and selected portions of the original commentary are included in order to provide a legislative history and further explanation for those sections most likely to require judicial interpretation.