Clean Water

A Legacy of Protection

The Clean Water Act is one of the pillars of environmental protection.  Its directive to "restore the physical, chemical and biological integrity of our nation's waters" is intended to extend broadly, as anything that degrades water quality upstream impacts water quality downstream.  Since enacted, the Environmental Protection Agency (and the Army Corps of Engineers) have used this broad view to reduce impacts, including the destruction of wetlands and other so-called “isolated” water bodies.

 

A Legacy Threatened

Numerous attempts to narrow this definition have failed. In 2001, the Supreme Court, in a narrow holding, said that the EPA was improperly regulating a discrete class of water bodies.  Seizing on this ruling, the Bush Administration raised questions about a much broader set of water bodies.  In a pair of cases in 2006, the Supreme Court further muddied the waters, with a split Court raising questions as well.

 

Restoring the Legacy

LCV urges Congress to pass the Oberstar-Feingold Clean Water Restoration Act, which will clarify the intent of Congress in protecting the waters of the United States, ensuring that wetlands and other water bodies remain protected.