CPR Archive for William Andreen

“Waters of the United States” - Myths and Facts Surrounding the New Proposed Rule from EPA and the Army Corps of Engineers

by William Andreen | May 01, 2014

On April 21, the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers published a proposed rulemaking to clarify the jurisdictional reach of the protections afforded by the Clean Water Act of 1972.  The Clean Water Act is the foundation of our nation’s effort to restore and maintain the biological, chemical, and physical integrity of our water resources.  While the jurisdictional reach of the Act was well defined and well understood for nearly forty years, two Supreme Court cases in the early 2000s (SWANCC v. U.S. Army Corps of Engineers and Rapanos v. United States) created confusion and added complexity to the determination of which streams and which wetlands were subject to Clean Water Act protection.  The proposed rulemaking responds to the need, articulated by the regulated community and others, to provide clarity amidst the uncertainty generated by the cases.  It also provides clear protection to our nation’s waters and wetlands, including many headwaters, adjacent wetlands, and seasonal streams the protection of which was thrown into some degree of confusion by the cases. 

The proposal is consistent with the Supreme Court’s reading of jurisdiction under the Clean Water Act.  It is based on sound science and is carefully crafted to further the intent of Congress in enacting the Clean Water Act as interpreted by the Supreme Court.  In fact, it does not expand ...

The Clean Water Act at 40: Finishing a Task Well Begun

by William Andreen | October 09, 2012
This post is first in a series marking the 40th anniversary of the Clean Water Act. On October 18th, the nation will celebrate the 40th anniversary of the Clean Water Act.  This landmark piece of legislation has proven remarkably successful.  Water pollution discharges from both industry and municipal sewer systems have declined sharply, the loss of wetlands has been cut decisively, and water quality has broadly improved across the country.  The Clean Water Act is, in short, a real success ...

EPA and the Corps of Engineers Deserve Praise for Their Draft Guidance on the Jurisdictional Scope of the Clean Water Act

by William Andreen | May 02, 2011
During the past decade, the U.S. Supreme Court handed down two decisions that greatly reduced the extent of waters protected by the Clean Water Act (CWA). These cases upset the clearly articulated regulatory definition of “waters of the United States” that had been consistently applied and widely accepted as valid for many years.   Not only did the decisions threaten millions of acres of wetlands and thousands of headwaters with destruction and unregulated pollutant discharges, but the most significant of the two ...

Update: EPA Releases Full FY 2010 Stats on CWA Convictions

by William Andreen | October 26, 2010
Since my post last week ("Convictions for Violations of the Clean Water Act Continue to Ebb"), a number of significant things have occurred. On October 20, the EPA’s Assistant Administrator for Enforcement and Compliance Assurance, Cynthia Giles, announced that the Director of the Office of Criminal Enforcement, Forensics and Training was retiring and that the Director of the Criminal Investigation Division had decided to pursue new challenges within the agency. In addition to this personnel shake-up, Assistant Administrator Giles has pledged to ...

Convictions for Violations of the Clean Water Act Continue to Ebb

by William Andreen | October 19, 2010
According to the latest data published by TRAC Reports, the number of federal convictions obtained for violations of the Clean Water Act during fiscal year 2010 has continued to follow a recent downward trajectory. Since reaching a high of nearly 70 in FY 1998, the number of convictions has continued to decline toward what may be its lowest level since the early 1990s. During the first ten months of FY 2010, the Department of Justice reported 23 convictions, a pace that would ...

One More Point on the N.Y. Times Water Article -- the Problem of Nonpoint Source Pollution

by William Andreen | September 16, 2009
Sunday’s New York Times article about the neglect of our clean water laws included a shocking example of how a regulatory gap in the Clean Water Act can harm public health. For example, the article referred to water supplies in parts of the Farm Belt that are contaminated by dangerous levels of pesticides, which originate with agricultural runoff and cannot be corrected by enforcement of the Clean Water Act. Although the Act provides a comprehensive regulatory program for point source ...

N.Y. Times Article on Water Pollution: A Timely Reminder of the Role of Enforcement

by William Andreen | September 15, 2009
Sunday’s New York Times article about the neglect of our clean water laws came as a timely reminder that, no matter how well articulated our environmental laws may be, it takes consistent, vigorous enforcement to ensure compliance with these statutory regimes. Unfortunately, as the article illustrates, state and federal enforcement of the Clean Water Act has languished during the past decade. Not only have governmental resources been inadequate, but all too often the will to enforce the law has been ...

Also from William Andreen

William L. Andreen is the Edgar L. Clarkson Professor of Law at the University of Alabama School of Law.

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