The Use and Opportunity of Cooperative Organizational Forms as an Innovative Regulatory Tool Under the Clean Water Act

Numerous reforms to introduce financial incentives and flexibility into the Clean Water Act have been proposed. Cooperative organizational forms that consolidate multiple regulated entities under a single organizational umbrella are an overlooked, but potentially useful avenue for reform. In concept, these new organizational forms would function much like a farmer cooperative using coordination and consolidation to lower input costs to its members. Illustrations of how cooperative organizational forms can be used to lower costs and enhance regulatory flexibility in both the water quality and wetland programs are provided.