Government Information

Earl Gregg Swem Library

Evolution of the Meaning of “Waters of the United States” in the Clean Water Act

Categories: Environment,Laws/Regulations,Natural Resources,Property Rights,Supreme Court/courts

http://www.fas.org/sgp/crs/misc/R44585.pdf

Examines how widely to interpret the phrase “Waters of the U.S.” which has no clear definition in the Clean Water Act.  The Commerce Clause is cited as the constitutional basis for regulating water quality, but recent court decisions have cited limitations to that authority.  From the Congressional Research Service, posted by the Federation of American Scientists