Rep. Oberstar introduces America's Commitment to the Clean Water Act

The title of the bill is relatively explanatory, and the bill's author, House Transportation and Infrastructure Committee Chairman James Oberstar (MN) believes the title reflects the simplicity of the legislation.

As CQ Politics reports, the America's Commitment to the Clean Water Act seeks to clarify confusion about the scope of the Clean Water Act (Act) following Supreme Court decisions in 2001 and 2006 "that limited the law's reach to 'navigable' waters." This has created confusion as to what "navigable waters" actually means when it comes to wetlands, small water bodies, and intermittent water bodies.

The Oberstar bill will delete "navigable" from the law and replace it with "waters of the United States." Such a change in the language of the legislation has been advocated by environmental organizations, while private property interest groups fear such a change would broaden the scope of the law to the extent that it will negatively affect what private property owners can do with their land.

For his part, Oberstar believes the legislation would clear up any confusion as to the law's scope and "would obviate the need for regulators to develop a host of new regulations[.]" According to Oberstar, the bill takes the Clean Water Act back to where it was in 2001, so if a water body wasn't regulated back then it won't be regulated under this legislation should the bill pass and become law.

CQ Politics reports that the bill will also codify exemptions "from the law for converted croplands and waste treatment systems and clarify that groundwater supplies are considered separately from 'waters of the United States."'

Oberstar is hopeful he can have his bill on the House floor by September.

To read the CQ Politics article on the Oberstar bill, click here.
To learn more about the Clean Water Act, major case law involving the act, statutes affecting the act, as well as regulations and other background materials, visit the Clean Water Act Reading Room at the National Agricultural Law Center by clicking here.

Posted: 04/22/10