U.S. Supreme Court,
Environmental & Energy,
Constitutional Law,
9th U.S. Circuit Court of Appeals
Oct. 22, 2019
Is the Clean Water Act void for vagueness?
Recent CWA cases have produced fractured opinions, and circuits are split on how to interpret them — so can an ordinary layperson be expected to figure it out?
The Clean Water Act prohibits the discharge of any pollutant into navigable waters, defined as "waters of the United States," without a federal permit. The perennial CWA conundrum is whether it applies to wetlands that indirectly connect, via non-navigable streams or creeks, to navigable waters often located miles away. The reach of the CWA in such cases remains unclear, largely because the U.S. Supreme Court's most recent attempt to define the reach of the CWA,
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In