BRIEF SUMMARY
What does WOTUS stand for?
Water Of The United States
What year was the act passed?
1972
What is the main constitutional authority Congress used to pass the Clean Water Act?
Commerce Clause
What is the permit program called?
National Pollutant Elimination system.
What did the Environmental Protection Agency (EPA) do in the Sackett vs. Environmental Protection Agency case?
Stopped the Sacketts from building their home and issued fines.
You can’t discharge pollutants into our water unless you have a ____?
Permit
Which president vetoed the bill?
Richard Nixon
Why does water pollution fall under interstate commerce?
It crosses state lines.
What are the market regulations for?
To encourage compliance and reduce pollution
What is one major environmental effect of the Sackett decision?
Fewer wetlands being protected.
Puddles are NOT regulated by Congress because?
There is no continuous surface connection to water.
Which groups generally opposed the bill and what were their main concerns?
Industries involved with chemical, manufacturing, and agriculture. Worried about cost of compliance and strict regulation
Why can Congress regulate water pollution?
It affects interstate commerce and uses the Necessary and Proper Clause
Which enforcement mechanism is the most common?
Civil Penalties
What term did the Supreme Court create in County of Maui v. Hawaii Wildlife Fund to describe pollution that is treated like a direct discharge, even if it travels through ground water first?
Functional Equivalent Test