Basics of the Clean Water Act (ELI Summer School, 2021)

Basics of the Clean Water Act Amended in 1972, the Clean Water Act (CWA) calls for ending the discharge of pollutants into the waters of the United States. Decades since the passage of the CWA, fundamental questions regarding the jurisdictional range remain contested. This session explores the progress made to date, and the possible CWA priorities under the Biden Administration, including potential reversals of the Navigable Waters Protection Rule and revision of the definition of the “waters of the United States” (WOTUS) under the Environmental Protection Agency and U.S. Army Corp of Engineers. Faculty will explore one of the nation’s most significant and pivotal environmental laws and its development, including: the regulatory and permitting framework for limiting water pollution the key distinction between point sources and nonpoint sources of pollution the current legal context of the Navigable Waters Protection Rule the considerations policymakers face in light of growing demands for water usage with growing energy needs, extreme weather, and climate change Panelists: Adam Schempp, Director, Western Water Program, and Senior Attorney, Environmental Law Institute, Moderator Kelly Moser, Leader, Clean Water Defense Initiative, and Senior Attorney, Southern Environmental Law Center Jon A. Mueller, Vice President, Litigation, Chesapeake Bay Foundation