"There is little doubt that very small trace amounts of natural and synthetic drugs are showing up in waterways in some parts of the country. For instance, a stream study by the U.S. Geological Survey states: “Results show that a broad range of chemicals found in residential, industrial, and agricultural wastewaters commonly occurs in mixtures at low concentrations in streams in the United...
The Supreme Court and the Clean Water Act: Five Essays
"The federal Clean Water Act prohibits the unpermitted discharge of pollutants, including dredged or filled material, into 'navigable waters,' further defined as 'the waters of the United States.' ... By the late 1970s, the Army Corps of Engineers had interpreted its jurisdiction under the Act to include discharges of dredged or filled material into wetlands and other features that formed part of the same ecosystem with water bodies over which it had jurisdiction under more traditional definitions of 'navigable waters.' With apparent endorsement by a Supreme Court decision in 1985, the Corps continued to apply this interpretation despite what hindsight suggests were warning signals from the Court in 2001. ... Then in 2006 the Court once again waded into the debate with Rapanos v. United States, ... which held… .
To complete the preceding sentence and to offer suggestions as to the meaning of the Rapanos decision for the future application of the Clean Water Act, Vermont Law School’s Land Use Institute, in conjunction with the Vermont Journal of Environmental Law (VJEL), is pleased to present this collection of five essays by a group of thoughtful and distinguished scholars."
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