by Amanda Reilly, E&E reporter
Court rulings in Clean Water Act cases largely gave federal agencies
broad regulatory authority until an unrelated 1995 Supreme Court
decision on the possession of firearms in school zones, according to
Congress' research arm. In United States v. Lopez, the high court struck down a
federal statute for the first time in more than 50 years on the grounds
that it exceeded the powers given to Congress by the Commerce Clause. "Lopez set the backdrop" for future rulings limiting
federal Clean Water Act jurisdiction, the Congressional Research Service
said in a report released Monday. Ever since, CRS said, the scope of the Clean Water Act has been a
battleground for farmers, industry, environmentalists and regulators. At issue is the phrase "navigable waters of the United States,"
which Congress added in 1972 Clean Water Act amendments to determine the
reach of permitting requirements (Greenwire, Dec. 24, 2015). Legal and political brawls continue to be fought over how that phrase
should be applied under the Commerce Clause, which gives Congress the
power to regulate commerce with foreign nations and between states.
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