Clean Water Act (CWA) (1972)

1) Link to the Text of the Act
Read the statute (33 U.S.C. § 1251 et seq.)

2) Why It Was Done
Congress enacted the CWA to restore and maintain the chemical, physical, and biological integrity of the nation’s waters, after decades of severe pollution in rivers, lakes, and coastal areas.

3) Pre-existing Law or Constitutional Rights
The CWA reorganized and greatly expanded the Federal Water Pollution Control Act of 1948, which had been ineffective. The 1972 amendments created enforceable standards and permit systems.

4) Overreach or Proper Role?
Supporters view it as essential for clean water and public health. Critics argue the definition of “waters of the United States (WOTUS)” has been stretched too far, leading to heavy litigation and a recent narrowing by the Supreme Court.

5) Who or What It Controls

• EPA and U.S. Army Corps of Engineers (implement and enforce regulations)
• States (issue permits, enforce standards)
• Industries, municipalities, and agriculture (subject to discharge permits)

6) Key Sections / Citations

• 33 U.S.C. § 1251 et seq.
• NPDES permits (§ 1342)
• Water Quality Standards (§ 1313)
• Wetlands and dredge/fill permits (§ 1344)

7) Recent Changes or Live Controversies

• Sackett v. EPA (2023): narrowed WOTUS to cover only wetlands with a continuous surface connection to navigable waters
• EPA and Corps issued a new rule in 2023 to conform with Sackett
• States and industries remain divided on scope and enforcement

8) Official Sources

• U.S. Code – Title 33, Chapter 26
• EPA – Clean Water Act Overview

• Environment
• Epa
• Water Quality
• States
• Federalism