INTERPRETATIONS OF THE CLEAN WATER ACT ARE AS MUDDY AND POLLUTED AS THE WATER THE ACT SEEKS TO PROTECT

WRITTEN BY: LAUREN KEELER

The Clean Water Act (CWA) was passed in 1972 with the worthy purpose of eliminating the discharge of pollutants into the navigable waters of the United States. However, there has been confusion between point-source pollution and nonpoint-source pollution. Confusingly, this means that the CWA’s authority can end either after it determines that the source of pollution is nonpoint source, or after the pollution is of non-navigable waters. This note highlights the split in the Sixth Circuit to demonstrate just how confusing this issue is.

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