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ARTICLE · 15 APRIL 2015

A Primer On The Clean Water Act

Fox Rothschild LLP
Fox Rothschild LLP
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Lately, I have been asked a lot of questions about the Clean Water Act ("CWA").

United StatesEnergy and Natural Resources

Lately, I have been asked a lot of questions about the Clean Water Act ("CWA").  This may not come as a surprise, as issues concerning the CWA are frequently in the media.

What is the CWA?  The CWA is a federal act that has been around since the 1940s that underwent substantial revision in 1972 and has been periodically revised since then.  The full text of the CWA can be found here: http://www.gpo.gov/fdsys/pkg/USCODE-2010-title33/pdf/USCODE-2010-title33-chap26.pdf

In short, the CWA regulates discharges of pollutants into the waters of the United States.  In fact, all discharges into the nation's waters are unlawful, unless specifically authorized by permit.

Specifically, the congressional declaration of the goal behind the CWA is "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters."  See 33 U.S.C. §1251.  Further, the national interim goal has been that all waters be fishable and swimmable wherever possible.

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