Congress Must
Reaffirm Original Intent of Clean Water Act
The U.S. Supreme Court issued a split decision today in two
Clean Water Act cases, Rapanos v. United States and Carabell
v. Army Corps of Engineers.
“It’s hard out here for a fish,”
said Luke Metzger, Advocate for Environment Texas. “The U.S. Supreme Court’s
decision opens the door for polluters and developers to continue to attack
longstanding Clean Water Act protections.”
In the two cases, developers in Michigan sought to destroy wetlands for
construction projects, a shopping center in Rapanos and a condominium
complex in Carabell. The Justices ruled 5-4 to return the cases to the
Sixth Circuit Court of Appeals for further review. The Justices wrote five
separate opinions, none of which received a majority support.
“To ensure future generations are able to fish, boat and
swim in America’s waterways,
we must safeguard all of our waters from backyard streams to the Gulf of Mexico,” continued Metzger. “Based on today’s
Court decision, Congress should move swiftly to reaffirm the original intent of
the Clean Water Act to protect all waters in the U.S.”
The Clean Water Authority Restoration Act (H.R. 1356 and S.
912), which has been introduced by Representatives James Oberstar (D-MN), Jim
Leach (R-IA), John Dingell (D-MI) and Sherwood Boehlert (R-NY) in the House and
Senator Russ Feingold (D-WI) in the Senate, would reaffirm the broad scope of
Clean Water Act protections as originally intended by Congress. In Texas, Representatives
Lloyd Doggett, Charles Gonzalez, Eddie Bernice Johnson and Sheila Jackson Lee have co-sponsored the legislation.
“Now, it is more important than ever for Congress to pass
the Clean Water Authority Restoration Act,” said Metzger.
