Legislative Approches to Defining 'Waters of the United States', December 29, 2010

摘要

In the 111th Congress, legislation was introduced that sought to clarify the scope of the Clean Water Act (CWA) in the wake of Supreme Court decisions in 2001 and 2006 that interpreted the laws jurisdiction more narrowly than prior case law. The Courts narrow interpretation involved jurisdiction over some geographically isolated wetlands, intermittent streams, and other waters. The two cases are Solid Waste Agency of Northern Cook County v. Army Corps of Engineers (SWANCC) and Rapanos v. United States. Bills to nullify the Courts rulings have been introduced repeatedly since the 107th Congress, but none had advanced until the 111th Congress. In June 2009, a Senate committee approved S. 787, the Clean Water Restoration Act. Companion legislation in the House, H.R. 5088 (Americas Commitment to Clean Water Act), was introduced in April 2010. No further legislative action occurred on either bill.