July 30, 2009

Clean Water Restoration Act

The scope of federal jurisdiction over water pollution and wetlands was greatly muddied by the Rapanos decision. There is evidence that federal enforcement of the Clean Water Act has been frustrated and that those seeking permits are left uncertain whether certain activities are subject to federal authority. One proposed solution to this morass is the Clean Water Restoration Act (CWRA), which would amend the Clean Water Act by deleting the controversial term "navigable waters" altogether.

The panelists discussed the aftermath of Rapanos, the prospects for CWRA passage, and the likely ramifications if the CWRA were it to be enacted.

Panelists:
Granta "Grant" Nakayama, Kirkland & Ellis LLP (Moderator)
Jan Goldman-Carter, National Wildlife Federation
Deidre Duncan, Hunton & Williams
Bruce Myers, Environmental Law Institute