The Case for Regulation of Agricultural Water Pollution

Agricultural water pollution is one of the most challenging environmental problems of our times, one which remains unresolved after 13 years of the EU's Water Framework Directive (WFD). It is argued that the WFD is not deficient; in fact, it provides both the environmental targets and the legal impetus for Member States to reduce pollution in their waters; Member States have simply failed to follow through on the requirements the WFD process has made apparent. This article makes the argument that there remains significant room for use by Member States of tighter regulation, tailored to individual catchments. Although this is a difficult and perhaps expensive process, it is necessary if WFD goals are to be achieved. Unfortunately, less intrusive economic instruments are of highly doubtful utility when applied to agricultural pollution. Moreover, a vehicle for the partial implementation of such regulation exists: the strengthening of ‘cross compliance’ conditions on the receipt of Common Agricultural Policy...