Clean Water Act Controversy Alexander Elkan February 1, 2019 A point source by any other name. Federal Courts of Appeals have recently split on the question of whether pollution of surface water via groundwater is a violation of the Clean Water Act. The Federal Water Pollution Control Act (“Clean Water Act”) was passed in 1972. Section 401 grants states and tribes the authority to review federal permits and […] But when Sen. Joni Ernst (R-IA) introduced a … In defense of the repeal and replacement of the 2015 Clean Water Rule, EPA Administrator Andrew Wheeler claimed that the new definition of WOTUS will bring clarity to the question of which water bodies are protected. The U.S. Supreme Court may weigh in. It was estimated that, at the time of its passage, over 60% of the nation’s waters had become unsafe for fishing or swimming. The 1972 Clean Water Act has a strong rationale. Earlier this month, the EPA finalized its “Clean Water Act Section 401 Certification Rule,” which aims to increase the transparency and efficiency of the Clean Water Act (CWA) Section 401 water quality certification process to promote the timely review of infrastructure projects. In 1974, the federal government passed the Safe Drinking Water Act, which is designed to regulate the amount of dangerous, disease-causing chemicals that are allowed in the nation’s water supply.One would hope that no such chemical contamination would be present legally, but of course everyone understands there are practical considerations that make it virtually … This definition is critically important because it determines which water bodies are subject to federal permitting requirements and which waters are beyond federal authority. Before 1972, many US rivers were polluted to the extent that they would catch fire, and the 1969 fire on the Cuyahoga River in Cleveland, Ohio provided impetus for the passage of the Clean Water Act. Controversy and Confusion Surrounding the Clean Water Act: The search for clarity. Despite this, the Clean Water Act has been controversial, for two reasons. The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution.Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works … The Environmental Protection Agency announced Thursday that it has finalized a repeal of the Obama-era clean water rule that spells out protections for large and small bodies of water. U.S. Supreme Court makes final decision on controversial Clean Water Act (CWA) case In County of Maui, Hawaii v. Hawaii Wildlife Fund, the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters, an appropriate permit is required under the CWA. In May, when the EPA released its final version of the Clean Water Rule — meant to clarify which waters are under the jurisdiction of the Clean Water Act — the agency cheered the broad reach of the rule, arguing that it would protect the drinking water of some 117 million Americans, or roughly a third of the population.. The Environmental Protection Agency and the Army Corps of Engineers jointly published a final rule on May 27, 2015, defining the phrase “waters of the United States” under the federal Clean Water Act. The Clean Water Act: History, Controversy, and Impacts to South Carolina — Part 1 of 3 March 24th, 2019 By Megan Chase The EPA is proposing to change a key term in the Clean Water Act: “Waters of the United States” (WOTUS), which outlines water … The stated goal of the Clean Water Act (“CWA”) was to reduce pollution and restore the biological, chemical and […]