Next year will mark the 40th anniversary of the Clean Water Act, a
milestone for a series of landmark environmental laws that began with
the creation of the Environmental Protection Agency in 1970. Those
actions set our nation on a course to restore our damaged natural
resources, but today, because of political pressures and court rulings,
the extent and durability of some of those key protections are at risk.
Since its enactment in 1972, the Clean Water Act has encountered
resistance from powerful business interests that have tried to fill
wetlands, drain marshes, develop shorelines and allow pollution to flow
off their property. One approach these developers have used to weaken
the law has been to try to limit its jurisdiction, to say it shouldn’t
apply to this or that water body. The rationale has always been to argue
that the water on the particular property in dispute didn’t connect
with interstate bodies of water and therefore should be exempt from
federal regulation.
When the act became law, two-thirds of our nation’s lakes, rivers and
coastal waters were unsafe for fishing or swimming, and untreated sewage
and industrial waste was routinely dumped into our waters. The law was
partly a response to the shock the nation experienced when the filthy
Cuyahoga River in Cleveland erupted in flames. Since then, industrial
pollution has declined significantly. Fish have returned to countless
water bodies that were once all but lifeless. Progress has come in fits
and starts — despite more litigation filed than the law’s proponents
expected or wanted — but it is real and evident.
Still, there are reasons for concern.
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