VOLUME 10 - 2017-2018 ISSUE 3

10 Ky. J. Equine, Agric. & Nat. Resources L. 237 (2018).

CONTINUED TURBULENCE IN “WATERS OF THE UNITED STATES”

Article Written by: William T. Gorton III, Esq.

This Article explores the Clean Water Act’s (CWA) objective to restore and maintain the “chemical, physical and biologic integrity of the Nation’s waters.” More specifically, author William T. Gorton III discusses the legal dilemma that is the difference between the terms “navigable waters” and “waters of the United States” within the CWA, and the confusion across the nation regarding the reach of federal jurisdiction to the application of those terms. Not only does the CWA regulate the quality of discharges into the waters of the United States, but it also regulates certain activities in water bodies that can obstruct or affect water quality. Although some states are allowed to assume jurisdiction under the “404 Program” of the CWA, in states that do not administer the program, any dredging or filling in the waters requires federal approval due to the difference of Section 404.