NEMWI Celebrates the 50th Anniversary of the Clean Water Act
Fifty years ago tomorrow, the Clean Water Act (CWA) became law after Congress overrode a veto by President Nixon. The law has significantly impacted our region’s lakes and rivers, and has dramatically improved the quality of life of all Americans nationwide. Before the CWA’s passage, massive water pollution was widespread. Famous examples include the Cuyahoga River in Cleveland catching on fire.
The CWA amended and strengthened the Federal Waters Pollution Act of 1948 by mandating the protection of any waters in the country with a “significant nexus” to navigable waters. It also created the groundwork to regulate “point source pollution,” or the contamination stemming from single sources like industrial sites or sewage treatment plants, while also giving the Environmental Protection Agency (EPA) lead jurisdiction over bodies of water in the United States.
In addition to focusing on “point source pollution,” Congress has amended the CWA to address “nonpoint sources pollution,” or the runoff from farmlands, forests, construction sites, and urban areas. The CWA also authorizes grants to capitalize State Water Pollution Control Revolving Funds, the primary federal low-interest loan program for states and localities to build and improve their wastewater and drinking water infrastructure.
Since its inception, the CWA has helped remove billions of pounds of pollution from our great bodies of water. Additionally, the number of waters that meet clean water goals nationwide has doubled, including massive water quality improvements in such water basins as the Great Lakes. Even with these tremendous improvements, there have been attempts to weaken the scope of the Clean Water Act. While Congress and the Administration define what is considered a body of water in the United States, the CWA’s jurisdiction in preventing dangerous pollutants and contaminants from all of our bodies of water must be maintained and even grown.
Water Legislation Could Be Considered During Congress' Lame Duck Session
When Congress returns for legislative business after the upcoming midterm election, it is likely to continue work on a handful of legislative priorities in a lame duck session. Among these priorities will be to move forward with the Water Resources Development Act (WRDA), which has already passed both the House and the Senate earlier in the year. It is anticipated that Congress might move forward with a final version of WRDA during the lame duck session. WRDA authorizes the Army Corps of Engineers to undertake activities relating to water resources development projects, ecosystem restoration, flood control, water supply and wastewater infrastructure, and navigation.
In addition, the Preventing PFAS Runoff at Airports Act passed both House and Senate last month, with minor variances in both chambers’ legislative language. The bill would reimburse the Federal Aviation Administration for the replacement of current fire suppression systems with ones that do not use PFAS. PFAS, otherwise known as the “forever chemical,” can cause many adverse effects on human health and have been widely used as a fire suppressant at airports nationwide. This bill could also be considered again during a lame duck session.
Additional measures that Congress will likely address during the upcoming lame duck session include finalizing the FY 2023 appropriations cycle and the National Defense Authorization Act (NDAA) for FY 2023.
NEMWI will continue to monitor key legislation that impacts the Great Lakes throughout the remaining session of Congress through its Great Lakes and Water Legislative Tracker that can be found here.
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This Week in Washington
In the House:
The House is currently not in session on midterm recess.
In the Senate:
The Senate is currently not in session on midterm recess.
