The federal water pollution control act of 1948 was the first major u. In 2015, under the direction of former president barack obama, the epa tried to clear up that confusion and drafted a new definition of which waters were covered under the clean water act. In this second edition of a landmark book, author robin kundis craig explores the structural implications for water quality regulation when the primary federal statute for regulating water quality. The cwa was a response to increasing public concern for the environment and for the condition of the nations waters. Clean water act and the constitution environmental law. On april 21, epa published the revised definition of waters of the united states, or wotus, in the federal register. From the 1970s to the 1990s, most federal courts and agencies interpreted a broad scope of jurisdiction for the clean water act source. Since 1972, the clean water act cwa has vested the environmental protection agency epa and the u. Epa has established protective drinking water standards for more than 90 contaminants, including drinking water regulations issued since the 1996 amendments to the safe drinking water act that strengthen public health protection. The clean water act cwa establishes the basic structure for regulating discharges of pollutants into the waters of the united states and regulating quality standards for surface waters. Written by experienced legal practitioners, this concise guide offers lawyers, government staff. Nixons clean water act impoundment power play huffpost.
The clean water act cwa is the primary federal law in the united states governing water pollution. The clean water act of 1972 is the primary authority for the nations water pollution control programs and established the structure for regulating discharge of pollutants and surface water quality. This is a quick, practicefocused guide to the federal water pollution control act, commonly known as the clean water act, which is the primary federal statute regulating water pollution for the protection of the countrys water resources. Trump proposes new definition of protections under clean. Clean water act cwa, also known as federal water pollution control act amendments of 1972, u. Clean water act applies to pollution that flows through groundwater into a major body of water rather than directly from a precise source, according to ruling the u. You might not know that it almost didnt happen because after it. Online shopping from a great selection at books store. Clean water act became the act s common name with amendments in 1977. The clean water act handbook, fourth edition the clean water act handbook, fourth edition. An act originally passed by the federal government in 1972, and since amended several times, that gives the environmental protection agency epa responsibility for developing criteria for water quality standards and controlling and regulating pollutants discharged into water sources. If the information you are looking for is not here, you may be able to find it on the epa web archive or the january 19, 2017 web snapshot. That definition was more expansive than previous interpretations and would have protected about 60% of the water in the united states.
Clean water act definition of clean water act by medical. You might know that this major piece of legislation was passed by congress in 1972 with much credit given to richard nixon. The clean water act serves as the basis for the epas national pollutant discharge elimination system npdes. This act provides a comprehensive system for the regulation of pollutants in the waters of the united states with the objective of restoring and maintaining the. Environmental protection agency epa and the department of the army army published for public comment a proposed rule revising the definition of waters of the united states, which would establish the scope of federal. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nations waters.
As amended in 1972, the law became commonly known as the clean water act. The clean water rule represented solid science and smart public policy, the environmental group said in a statement. Clean water act law and legal definition uslegal, inc. Oregon congressman greg walden cheers trumps move to lift. California drinking waterrelated laws california state. As used in this part, the following terms shall have the meaning indicated below. Supreme court upholds broad reading of clean water act. High court backs environmentalists in clean water case. In the past few years, the definition of waters of the united states, a critical term used in the clean water act, has been up for debate. Epa announces repeal of controversial water regulation. The cwa made it unlawful to discharge any pollutant from a point source into navigable waters, unless a permit authorized under the cwa was obtained. The objective of these programs is to restore and maintain.
The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on. The clean water act forbids the addition of any pollutant from a point source to navigable waters without the appropriate permit from the environmental protection agency epa. Clean water act means the federal clean water act, more commonly known as the clean water act pl 92500, as amended by the water quality act of 1987 pl 1004, 33 u. Supreme court issued several rulings resulting in confusion over the scope of the federal clean water act. The cwa contains provisions for abatement actions, penalties, fines, and. The epa is proposing to change a key term in the clean water act. The lawsuits have begun over the governments latest attempt to define waters of the u. Where it has been enforced, it has protected important waterways and.
Terms not defined in this section have the same meaning given by the section 311 of the act. In 2001 and again in 2003, the agencies developed guidance to address the above definition of waters of the united states under the clean water act following the swancc supreme court decision. Growing public awareness and concern for controlling water pollution led to sweeping amendments in 1972. Watershed academy web introduction to the clean water act. Waters of the united states wotus, which outlines water bodies that qualify for federal protection. Learn about the clean water act and other laws and regulations. Act means the federal water pollution control act, as amended, 33 u. The trump administration today finalized its controversial definition of what marshes, wetlands and streams quality for protections under the clean water act.
Why farmers and ranchers think the epa clean water rule. Supreme court rejects trump administrations view on key. Definition of waters of the united states under the. Clean water act jurisdiction environmental law institute.
The notice follows the january 22, 2018 supreme court decision lifting the stay on the rule in texas. The basis of the cwa was enacted in 1948 and was called the federal water pollution control act, but the act was significantly reorganized and expanded in 1972. The united states code is meant to be an organized, logical compilation of the laws passed by congress. Safe drinking water act sdwa protecting americas drinking water is a top priority for epa. Yesterday, the trump administration proposed a new definition for what waters fall under the clean water act. A final wotus rule, to be determined by formal rulemaking process, will become effective on february 6, 2020 according to 83 fr 5200 definition of waters of the united states addition of an applicability date to 2015 clean water rule. The supreme court on thursday rejected the trump administrations reading of a key part of the clean water act as creating an obvious loophole in its enforcement, and gave a partial win to.
Water quality, supply, and infrastructure improvement act of 2014 79700 79798. It served as a major revision of the federal water pollution control act of 1948, which had proven. Clean water act and the constitution environmental law institute craig, robin on. January 2003 legal memorandum discussing the scope of the clean water act jurisdiction in light of the swancc ruling and related court decisions. Drinking water related statutes are from the corporations code, education code, food and agricultural code, government code, health and safety code, public resources code, and water code. The definitive practical resource to the provisions and complexities of the federal clean water act and how it continues to evolve, this book is written by some of the countrys most knowledgeable experts on the cwa. History of the clean water act environmental works. The clean water act handbook and millions of other books are available for amazon kindle. The environmental protection agency is dramatically reducing the amount of u. Congress amended the federal water pollution control act fwpca, or the cwa as it is commonly called, in 1972 to address longstanding concerns regarding the quality of the nations waters and the federal governments ability to address those concerns under existing law.
Clean water act cwa of 1972 a federal act that requires monitoring of discharges into u. At its top level, it divides the world of legislation into fifty topicallyorganized titles, and each title is further subdivided into any number of logical subtopics. The 1972 law gave epa the authority to set effluent standards on an industry basis technologybased and continued the. Despite the fundamental need for clean water, the new definition of wotus would narrow the scope of federally protected waters. Learn more about the waters of the united states rulemaking. These compilations of drinking water related laws were once referred to by staff and the regulated community as the blue book. This definition is significantly narrower than any before, and challenges to the. This barcode number lets you verify that youre getting exactly the.
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