The Clean Water Act

The Clean Water Act is one of the nation's strongest environmental laws.  The Clean Water Act applies to all "waters of the United States."  However, exactly which rivers, streams, and wetlands are considered waters of the United States has been the subject of great controversy over the last several years.  The Environmental Protection Agency issued a legal memorandum in 2007 regarding the  "waters of the U.S." over which it will assert jurisdiction.  Click here for more information.  For a more detailed analysis of the legal controversy, visit Marten Law Group.

The Obama Administration has recently called for legislation to clarify jurisdiction of the Clean Water Act so that there will be "steady and predictable implementation of the Clean Water Act in the years to come."  The Administration favors broad protection of United States waters to fully protect environmental and economic benefits of aquatic ecosystems. Read a letter written by top agency officials to Senator Barbara Boxer detailing the Administration's views.

Click here to read our 2003 comments regarding an EPA proposal to limit its jurisdiction under the CWA.