Environmental Law

Clean Water Act Revisions - S. 473 and H.R. 2421

By Walter James

The proposed revision of the Clean Water Act would delete a single word from the CWA and would greatly expand the authority to regulate water pollution.  In June 2009, the Senate Environment and Public Works Committee approved legislation dropping the word ?navigable? from the definition of bodies of water covered by the CWA.  By removing this one word, the government could have the authority to regulate everything from wetlands and lakes to backyard ponds and roadside ditches and would allow for regulation of millions of acres of the so-called isolated wetlands and streams that do not flow year-round.  The amendment would also clear the way for a whole new host of criminal investigations and convictions.  

The amendment is largely a response to two Supreme Court decisions (one in 2001 and one in 2006) that limited the scope of the reach of the CWA. 

More later.

As always, feel free to contact me via e-mail at walter.james@jamespllc.com.

Full post as published by Environmental Crimes Blog on December 04, 2009 (boomark / email).