![]() ![]() But to what degree is a policy decision that Congress has yet to make. Federal oversight in water quality regulation is a necessity. ![]() This article begins by posing a thesis: The Clean Water Act regulates all “waters of the United States.” It then suggests a two-part antithesis: Congress violated the nondelegation and void-for-vagueness doctrines by defining the Clean Water Act only as reaching “waters of the United States.” And it resolves the conflict with a synthesis: a call for Congress to amend the Clean Water Act by providing the statute with a more stable and intelligible jurisdictional reach. The text creating that structure has largely remained untouched by Congress for decades. Much of that success stems from an effective enforcement structure that focuses more on treating pollutant sources rather than just impaired waters. With each bend, the nearly fifty-year-old Act has proven to be not just resilient, but among our most successful environmental laws. If You Can Keep It: The Forgotten Promise of American Liberty By Eric Metaxas Details Book/Novel Author: Eric Metaxas Book/Novel Title: If You Can Keep It. Clair wetlands to reservoirs near the Miccosukee and eventually discharged (or “functionally” discharged) off the Maui coast. From combustible beginnings on the Cuyahoga River through the Lake St. Addressing urgent problems of law, ethics, and government, he is practical rather than abstract, humane rather than technical. The Clean Water Act has traveled a successful but tortuous path. ![]()
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