July 2010
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This Part I of a 2-part paper examines preemption principles within the context of 33 U.S.C. 1345(e) of the Clean Water Act and reaches the conclusion that counties have a federally mandated right, if not an obligation, to determine how sludge is disposed of within the counties' jurisdictions. This means a county may, pursuant to federal law, determine that land application of sludge is banned irrespective of state laws to the contrary, and the Dillon Rule.