In a controversial move earlier this week, President Obama announced that after decades of confusion and Congressional inaction, he intends to set the record straight on the Clean Water Act.
The Clean Water Act (CWA) was established in 1972, and at that time was largely understood to protect all bodies of water in the United States from pollution. It is the rule used by the Environmental Protection Agency to implement pollution control programs.
But the Supreme Court, whose job it is to interpret the law, made the CWA uninterpretable. In 2001, the Supreme Court ruled that the CWA only applies to navigable waterways. That is, pollution was only restricted in waters where boats can fit. There was another ruling in 2006 regarding the CWA’s implications on “nexus” waterways and how those should be protected. Now, instead of cleaning water, the CWAs many, many ins and outs were simply muddled.
This week, the President of the United States created, yet again, new guidelines for the CWA that would restore it to its original purpose: protecting all water. Obama is urging the EPA to create solid guidelines and rules for regulators to follow.
The new CWA is a big step for water protection in the United States and for the Mississippi River. For the 18 million people that drink from the Mississippi’s waters, this step is going to be a good one.