Summary of: “GRAPES OF WRATH? HOW THE UNITED STATES CAN REDUCE THE NEGATIVE EFFECTS OF WINERY WASTEWATER”

Grapes of Wrath is not only a John Steinbeck novel relaying the trials and tribulations of Okies on their way to California pushed out of their homes because of the Dust Bowl, but also a 2009 Law Journal article by Kristen Cunnhingham that discusses the negative effects of winery wastewater. What a clever title. (Non-bluebooked citation: GRAPES OF WRATH? HOW THE UNITED STATES CAN REDUCE THE NEGATIVE EFFECTS OF WINERY WASTEWATER, Kristen Cunningham, 20 Colo. J. Int'l Envtl. L. & Pol'y 223)

This blog will give a brief summary and overview of said article.

I. The Economy of Wine: The article begins with an introduction to the increasing size and scale of winemaking in the United States, and California in general. Citing a 2007 report by Congress, the article notes that the winemaking industry contributes more than $162 billion annually to the American economy. That’s a lot of money. California alone produces 95% of the wine in America, and 61% of all the wine consumed in America. Given those numbers, the economic impact of winemaking, in the United States and California, is massive. With all industries that can create massive positive economic impacts, there is generally a strong push by local, state, and federal government to encourage growth in that industry (even if that impact means increasing consumption of Alcohol. Let’s party!). However, beyond encouraging a “nation of drunkards” thirst for booze, encouraging winemaking as an industry also presents environmental problems. The article presents this information as a way to introduce the idea that, this potential economic growth must be accompanied by the regulations that take into account winery wastewater and its effect on natural resources.

II. Wastewater Concerns of Winemaking: Some of the concerns that winery waste water include:

·         Discharges of high levels of sugars: It doesn’t take much imagination or insight to realize that winery wastewater will likely include high levels of sugars. But what environmental effect do those sugars have when released into the natural environment? Well, as the article explains, microbes in the water are suddenly provided with an enormous food source, the associated consumption gives rise to increased oxygen consumption creating an oxygen-deprived environment that can suffocate the plant and animal life that depends on oxygen for respiration. (I’m not a biological expert, but this reminds me of the “dead zones” that occur due to fertilizer discharge – which I understand to basically mean that fertilizer that is not absorbed in farms makes its way into groundwater, and then ultimately into areas like the Gulf of Mexico, after traversing the Mississippi, and ultimately leading to massive growths of algae fed by fertilizers and ultimately altering the environment for other aquatic plant and animal life. Rant over.)

·         Unforeseen Chemical Reactions: Additionally, these sugars can combine with other chemicals typically found in water and result in dangerous chemical reactions. For example, sugars combined with chlorine - typically found in drinking water sources – can result in carcinogenic compounds that have been found to cause increased risk in cancer for humans. (I’m not trying to ruin your fun when drinking wine, I promise)

·         Improper, insufficient wastewater treatment and filtering

III. Technological Innovations: Cunningham next looks at two wastewater treatment technologies that can help alleviate some of the aforementioned concerns and promote sustainable practices.

I’m no expert, but both technologies seem to involve treatment that involves adding bio-matter that can feed off of, or react with the sugars in a way that can result in an easy to remove the end-product, or

IV. Current Domestic Laws: In this section, the article looks at the Clean Water Act (“CWA,” which we are discussing today!), and California’s wine regulations.

·         Clean Water Act: After a brief discussion of the CWA, the article notes that under the CWA, wineries are categorized as point sources because they discharge directly into waters of the United States. However, they are categorized as a general food producer, not a more specific regulation directly focused on wineries. The author proposes that a more specific category could be more effective to address the concerns raised directly by wineries.

·         California’s Regulations: California, as a major wine producer, has some regulations which wineries must comply with at a more specific level. If a winery’s discharge, but not grape growers, will affect the state’s waters, it must apply for a General Waste Discharge Requirement permit (WDR) with the Regional Water Board. If given a WDR permit, the winery must publish a description of their project, provide that to the board, and give notice to local residences and businesses. Ultimately, the permit sets effluent limitations and prohibits discharge to surface waters.

V. International Models: The article next summarizes some regulations established by South Africa, the European Union, and Australia, how they differ and how some of those methods could be implemented in the US.

VI. Proposals: Lastly, the article presents some proposals to regulate the wine industry and its wastewater. Some proposals include:

·         Adding the wine industry as a subcategory within the CWA, with apple/citrus juice producers to ensure that winery effluents meet stricter and standards specifically focused to the concerns presented by wineries.

·         Promoting a national policy to favor sustainable wine production (following the EU’s lead), and provide subsidies for following newly established “agri-environmental” measures.

·         At the state level, follow California’s lead, and require permitting specific to winemaking discharge.

VII. Conclusion: Ultimately the article concludes that the growth of winemaking needs to be addressed with preemptive law and policy action to protect the nations water resources from the potential harmful effects of increased winemaking.

Drink up!