Clean Water Act
Overview
The Federal Water Pollution Control Act, 33 U.S.C. §§ 1251-1387, was adopted in 1948 and, after amendment in 1972 and 1977, became commonly known as the Clean Water Act ("CWA"). This act provides a comprehensive system for the regulation of pollutants in the waters of the United States with the objective of restoring and maintaining the chemical, physical, and biological integrity of the nation's waters. The CWA operates by authorizing water quality standards for surface waters, requiring permits for point source discharges of pollutants into navigable waters, assisting with funding for construction of municipal sewage treatment plants, and planning for control of nonpoint source pollution. The Environmental Protection Agency ("EPA") is the primary agency tasked with implementing and enforcing the CWA, although it also works in conjunction with state environmental agencies and the U.S. Army Corps of Engineers.
Read the full overview
Note: Recently added resources are posted at the top of the applicable sections.
Major Statutes
Federal Water Pollution Control Act (a/k/a Clean Water Act), 33 U.S.C. §§ 1251-1387
Regulations
Environmental Protection Agency Clean Water Act Regulations:
40 C.F.R. §§ 104-135
40 C.F.R. §§ 136-140
40 C.F.R. §§ 230-238
40 C.F.R. §§ 401-424
U.S. Army Corps of Engineers Clean Water Act Regulations, 33 C.F.R. §§ 320; 323-338
Rural Clean Water Program Regulations, 7 C.F.R. §§ 634.1-634.5
Federal Register Rules Open for Comment
Center published Federal Register Digest
Case Law
Case Summaries from the National AgLaw Reporter
Johnson County Citizen Committee for Clean Air and Water v. EPA (2005) (state NPDES permit)
Association of Irritated Residents v. Fred Schakel Dairy (2005) (Clean Air Act)
South Florida Water Management District v. Miccosukee Tribe of Indians (2004)
(scope of NPDES permit)
Fairhurst v. Hagener (2005)(application of pesticide)
Greenfield Mills, Inc. v. Larry Macklin (2004) (§ 404 permit)
Waterkeeper Alliance v. United States Environment Protection Agency (2005) (challenge to CAFO Act)
Reynolds v. Rick's Mushroom Serv., Inc. (2003) ("point source"; "pollutant")
American Canoe Ass'n v. Murphy Farms (2003) (jurisdiction and standing)
Save the Valley, Inc. v. EPA (2003) (implementation of CWA)
Pronsolino v. Nastri (2003) (TMDL authority)
League of Wilderness Defenders v. Forsgren (2003) ("point source")
Comm. Ass'n for Restoration of Environment v. Henry Bosma Dairy (2003) ("citizen suit," "navigable waters")
Hiebenthal v. Meduri Farms (2003) (jurisdiction)
Missouri Soybean Ass'n v. United States EPA (2003) (jurisdiction)
Fisherman Against Destruction of the Environment, Inc. v. Closter Farms (2002) ("stormwater discharge")
Brace v. United States (2002) ("navigable waters," takings)
Administrative Law Decisions
EPA Office of Administrative Law Judges
Environmental Appeals Board
U.S. Army Corps of Engineers Administrative Appeals
Center published USDA Judicial Officer's Decisions
Center Research Publications
Clarifying NPDES Requirements for Concentrated Animal Feeding Operations (Centner, 2007)
Governmental Oversight of Animal Feeding Operations (Centner, 2003)
How the Concept of Navigability May Determine the Rights of Landowners Along Streams (Looney, 2002)
Center compiled Federal and State Environmental Law Guides
Congressional Research Service Reports
CRS Subject(s):
Animal Agriculture
Resources - Water
Resources - Conservation
Reference Resources
USDA
Conservation and Environmental Policy Briefing Room (Economic Research Service - ERS)
Topic: Natural Resources, Environment, and Conservation (ERS)
Publications: Clean Water Act (ERS)
Water Quality Information Center (National Agricultural Library)
Other Congressional Resources
Reports on Clean Water Act (Government Accountability Office)
Other Federal Resources
Environmental Protection Agency:
Water
Clean Water Act (National Agriculture Compliance Assistance Center)
Watershed Assessment, Tracking and Environmental Benefits
Cleanwater.gov
U.S. Army Corps of Engineers
Additional Resources
Clean Water Act (Center for Integrative Toxicology, MI St. U.)
Identifying Clean Water Act Sections by US Code Numbers (NC Div. of Water Quality)
