In January 2003 the Bush administration announced an Advance Notice of Proposed Rulemaking (ANPRM) and released a policy directive (or guidance) designed to limit the scope of the Clean Water Act and leave many streams and wetlands without federal safeguards against pollution and destruction. U.S. EPA estimates that the policy directive impacts protection for 20 million acres of wetlands and other waters.  This is the most serious assault on clean water in decades. 

In December 2003, the administration dropped plans to conduct a rulemaking to limit the scope of the Act.  The threat to our nation's waters, however, remains as long as the policy directive on Clean Water Act jurisdiction is still in effect.

The guidance tells Army Corps and EPA staff NOT to enforce federal clean water authority without first getting permission from agency headquarters.  The policy guidance is being used to destroy many wetlands, ponds and streams around the country.  Our nation's waters will not be protected until the policy directive is withdrawn and the administration commits itself to enforcing the Clean Water Act to the full extent of the law.

CWRA FACT SHEET 2008

Opinions on compromise Clean Water Restoration Act

Varying opinions exist about the compromise Clean Water Restoration Act that passed through committee last week. Here is a sampling of opininos released by a number of different groups in wake of the passage. (Jun 25, 2009)

Pro-Restoration Act Newspaper Editorials

On Friday April 17th, both the NY Times and the Anniston Star in Alabama printed editorials in support of the Clean Water Restoration Act. (Apr 18, 2009)

Investigation Reveals Cover Up of Dropped CWA Enforcement Actions

The results of a Congressional investigation released today details the deterioration of the Clean Water Act enforcement program in the wake of a Supreme Court decision that called into question whether certain rivers, streams, wetlands and other waters remain protected from pollution. (Dec 17, 2008)

T&I Committee Releases Report on the Bush Administration's Record on the Clean Water ...

"The Bush Administration has presided over the slow, but steady, dismantling of the Clean Water Act." (Oct 22, 2008)

Clean Water Restoration Act Update from CWN HQ

In 2008, we made important progress toward the passage of the Clean Water Restoration Act (H.R. 2421/S. 1870), which would reaffirm broad federal protection of waters, including small streams and wetlands, as Congress intended when it enacted the Clean Water Act in 1972. As Congress winds down, we can now take time to reflect on the significant steps taken on this critical legislation and make plans to pass the bill in the next session of Congress. (Sep 23, 2008)

House CWRA Hearing Postponed--Rapanos Comment Period Extended

The U.S. House Transportation & Infrastructure Committee postponed the December 6th hearing on the Clean Water Restoration Act due to Chairman Oberstar recuperating from recent surgery. On the Rapanos front, EPA and the U.S. Army Corps of Engineers (Corps) have extended the public comment period on the agencies' "guidance" document about the scope of Clean Water Act geographic jurisdiction following the U.S. Supreme Court's Rapanos decision. Comments on the guidance are now due by Jan. 21, 2008. (Dec 13, 2007)

Clean Water Act Jurisdictional Handbook- NEW!!!
http://www.elistore.org/reports_detail.asp?ID=11225

The Environmental Law Institute has just released a new Clean Water Act Jurisdictional Handbook. It is available for a free download. Several Clean Water Network members provided technical and legal comments to the document. We encourage you all to review this excellent publication. Here is the link to the Handbook. (Aug 9, 2007)

Protect Our Streams from Polluting Energy Development: CWA Oil and Gas Letter to Congressman Oberstar

Several Network members composed a letter to Congressman James Oberstar, Chairman of the US House Transportation and Infrastructure Committee, urging the committee to take legislative action to require oil and gas companies to protect our nation’s waters from the erosion and sedimentation caused by drilling wells, constructing roads, bulldozing new pipeline and other operations. (Jul 31, 2007)

MAJOR VICTORY FOR CLEAN WATER – U.S. House Votes to Stop the EPA’s No Protection Policy

Thanks to the tireless efforts of Clean Water Network members, the U.S. House of Representatives voted to stop the EPA’s No Protection Policy. On May 18th the House voted 222-198 in favor of the Oberstar/Leach/Dingell Clean Water Amendment to the Interior/EPA Appropriations bill. The amendment was endorsed by many of the major national environmental organizations as well as by scores of CWN member groups from across the country. (Jul 19, 2007)

Minority Report on Clean Water Rollbacks

In October 2006, the Democratic staff of the House Committee on Transportation and Infrastructure, published a report entitled "Waivers, Loopholes, and Rollbacks: The Republican Contract on Clean Water." This report outlines actions by the House Republican leadership which threaten to diminish the protections of the Clean Water Act. (Dec 14, 2006)

Now Available: GAO Study Shows Bush Administration Fails to Protect Many Waters From Development,
http://www.gao.gov/new.items/d05870.pdf

The General Accounting Office (GAO) recently released a report finding that the US Army Corps of Engineers is failing to protect wetlands, headwaters and other important waters. The report found that although the Army Corps is required under the Clean Water Act to protect these waters, the agency is permitting their destruction without explaining why it is not following the law, recording the acreage being destroyed or evaluating the natural functions that are lost. (Oct 14, 2005)

Clean Water Authority Restoration Act Reintroduced in the House

On March 17, 2005 Representatives James Oberstar, Jim Leach, John Dingell and Sherwood Boehlert reintroduced the Clean Water Authority Restoration Act in the House of Representatives (Mar 18, 2005)

Senators Send Letters Urging the President to Rescind the Policy Gutting the Clean Water Act

On April 6, 2004, thrity-six Senators showed their support for keeping the Clean Water Act strong and efectively by asking the President to revoke an EPA and Army Corps policy directive that strips federal protections from millions of acres of wetlands, thousands of stream miles and many other types of water bodies. (Feb 25, 2005)

Report Available: "Reckless Abandon: How the Bush Administration is Exposing America's Waters to Harm"

The Sierra Club, Earthjustice, NRDC and NWF jointly released a report providing evidence of how the EPA and Army Corps Policy Directive stripping Clean Water Act protections from millions of acres of wetlands, thousands of stream miles and many other types of water bodies is harming the nation's waters. Click the link below to access the report. (Feb 25, 2005)

Comments of 39 States Opposing the Bush Administration Proposal
http://www.earthjustice.org/backgrounder/display.html?ID=68

Comments to the Advance Notice of Proposed Rulemaking on the Clean Water Act Regulatory Definition of "Waters of the United States" 68 Fed. Reg. 1992 (January 15, 2003) (Feb 25, 2005)