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Turtles All The Way Down: A Clearer Understanding Of The Scope Of Waters Of The United States Based On The U.S. Supreme Court Decisions, Jesse J. Richardson Jr., Tiffany Dowell Lashmet, Gatlin Squires
Turtles All The Way Down: A Clearer Understanding Of The Scope Of Waters Of The United States Based On The U.S. Supreme Court Decisions, Jesse J. Richardson Jr., Tiffany Dowell Lashmet, Gatlin Squires
William & Mary Environmental Law and Policy Review
The meaning of “waters of the United States” under the Clean Water Act (“CWA”) has been debated in Congress, federal agencies, and courtrooms across the country for almost fifty years. Despite the longstanding attention to the term, most consider the term even more unclear today than in 1972 when the CWA was adopted. However, a methodical examination of the statutory and regulatory history and the U.S. Supreme Court decisions on the issue reveal more consensus than previously understood. In addition, this focused examination shows that the debate centers on one problem that the arguments rarely acknowledge: wetlands adjacent to a …