Waters of the United States

The waters of the United States is a phrase used in different legal contexts to refer to various bodies of water controlled by the federal government of the United States in various ways.

International boundaries

The third United Nations Convention on the Law of the Sea defines the boundary of maritime control of the United States U.S. in terms of:

Federal vs. state coastal jurisdiction

The individual U.S. states exercise ownership (subject to federal law) up to 3 nautical miles (9 nautical miles for Texas and Florida) from shore, while the federal government exercises sole territorial jurisdiction further out.

Clean Water Act

The Clean Water Act (actually a series of cumulative legislation mainly dating to 1972) uses the term "waters of the United States" to define its scope. The U.S. Supreme Court cases Solid Waste Agency of Northern Cook County v. Army Corps of Engineers in 2001 and Rapanos v. United States in 2006 generated some confusion over the detailed meaning of this phrase.[1] After the Obama Administration proposed to clarify the rule the House of Representatives passed the Waters of the United States Regulatory Overreach Protection Act of 2014, but the bill died in the Senate.[2]

In 2015, the EPA finalized the "Clean Water Rule" which proposed a new detailed and inclusive definition of "waters of the United States",[3][4] provoking another round of controversy.[1] Thirteen states sued, and U.S. Chief District Judge Ralph R. Erickson issued an injunction blocking the regulation in those states.[5] In a separate lawsuit, on October 9 a divided federal appeals court stayed the rule’s application nationwide.[6] Congress passed a joint resolution under the Congressional Review Act simply overturning the WOTUS rule,[7] but President Obama vetoed the measure.[8]

See also

References

  1. 1 2 Coral Davenport (2015-05-27). "Obama Announces New Rule Limiting Water Pollution". New York Times.
  2. H.R. 5078, 113th Congress (2014).
  3. 80 Fed. Reg. 37054 (June 29, 2015).
  4. http://www2.epa.gov/sites/production/files/2015-05/documents/clean_water_rule_part_230_3_1.pdf
  5. Gershman, Jacob (28 August 2015). "After Court Defeat, EPA Presses Forward With Water Rule in Some States". The Wall Street Journal. Retrieved 22 October 2015.
  6. Gershman, Jacob (9 October 2015). "Appeals Court Blocks EPA Water Rule Nationwide". The Wall Street Journal. Retrieved 22 October 2015.
  7. S.J.Res. 22, 114th Congress (2015).
  8. Cama, Timothy (21 January 2016). "Senate fails to override Obama veto". The Hill. Retrieved 30 January 2016.

External links

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