U.S. Supreme Court,
Environmental & Energy
Jan. 10, 2020
Drowning in confusion: What are ‘waters of the United States’?
It sounds so simple. The Clean Water Act applies to “waters of the United States.” But a clear and consistent definition of this critically important phrase has long proved painfully elusive.
Marc R. Bruner
Partner
Perkins Coie LLP
Email: mbruner@perkinscoie.com
Marc represents governmental entities and private companies in a wide variety of environmental and land use matters arising under federal, state and local laws and regulations, including the Clean Water Act, the California Porter-Cologne Water Quality Control Act, the federal and California Endangered Species Acts, the National Environmental Policy Act and the California Environmental Quality Act.
It sounds so simple. The Clean Water Act applies to "waters of the United States." But a clear and consistent definition of this critically important phrase has long proved painfully elusive. As Justice Samuel Alito lamented nearly eight years ago:
"The reach of the Clean Water Act is notoriously unclear.... Real relief requires Congress to do what it should have done in the first place: provide a reasonably clear rule regarding the ...
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