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Clean Water Act
Great Seal of the United States
Other short titles Federal Water Pollution Control Act Amendments of 1972
Long title An Act to amend the Federal Water Pollution Control Act.
Acronyms (colloquial) CWA
Enacted by the 92nd United States Congress
Effective October 18, 1972
Citations
Public law 92-500
Statutes at Large 86 Stat. 816
Codification
Acts amended Federal Water Pollution Control Act
Titles amended 33 U.S.C.: Navigable Waters
U.S.C. sections created 33 U.S.C. §§ 12511387
U.S.C. sections amended 33 U.S.C. ch. 23 § 1151
Legislative history
  • Introduced in the Senate as S. 2770 by Edmund Muskie (DME) on October 28, 1971
  • Committee consideration by Senate Public Works Committee
  • Passed the Senate on November 2, 1971 (86-0)
  • Passed the House on March 29, 1972 (passed)
  • Reported by the joint conference committee on October 4, 1972; agreed to by the House on October 4, 1972 (366-11) and by the Senate on October 4, 1972 (74-0)
  • Vetoed by President Richard Nixon on October 17, 1972
  • Overridden by the Senate on October 17, 1972 (52-12)
  • Overridden by the House and became law on October 18, 1972 (247-23)
Major amendments
Clean Water Act of 1977; Water Quality Act of 1987; Clean Boating Act of 2008; Water Infrastructure Finance and Innovation Act of 2014; America's Water Infrastructure Act of 2018
United States Supreme Court cases
  • EI duPont de Nemours & Co. v. Train, 430 U.S. 112 (1977)
  • Costle v. Pacific Legal Foundation, 445 U.S. 198 (1980)
  • EPA v. Nat'l Crushed Stone Assn., 449 U.S. 64 (1980)
  • City of Milwaukee v. Illinois, 451 U.S. 304 (1981)
  • Weinberger v. Romero-Barcelo, 456 U.S. 305 (1982)
  • Chemical Manufacturers Assn. v. NRDC, 470 U.S. 116 (1985)
  • United States v. Riverside Bayview, 474 U.S. 121 (1985)
  • Department of Energy v. Ohio, 503 U.S. 607 (1992)
  • PUD No. 1 of Jefferson Cty. v. Washington Dept. of Ecology, 511 U.S. 700 (1994)
  • Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531 U.S. 159 (2001)
  • Borden Ranch Partnership v. Army Corps of Engineers, 537 U.S. 99 (2002)
  • South Florida Water Management District v. Miccosukee Tribe, 541 U.S. 95 (2004)
  • S. D. Warren Co. v. Maine Board of Environmental Protection, 547 U.S. 370 (2006)
  • Rapanos v. United States, 547 U.S. 715 (2006)
  • National Ass'n of Home Builders v. Defenders of Wildlife, 551 U.S. 644 (2007)
  • Entergy Corp. v. Riverkeeper Inc., 556 U.S. 208 (2009)
  • Coeur Alaska, Inc. v. Southeast Alaska Conservation Council, 557 U.S. 261 (2009)
  • Sackett v. EPA I, 566 U.S. 120 (2012)
  • Los Angeles County Flood Control District v. Natural Resources Defense Council, Inc., 568 U.S. 78 (2013)
  • Decker v. Northwest Environmental Defense Center, 568 U.S. 597 (2013)
  • Army Corps of Engineers v. Hawkes Co., No. 15-290, 578 U.S. ___ (2016)
  • National Association of Manufacturers v. Department of Defense, No. 16-299, 583 U.S. ___ (2018)
  • County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020)
  • Sackett v. EPA II, No. 21-454, 598 U.S. ___ (2023)
  • City and County of San Francisco v. EPA, No. 23-753, ___ U.S. ___ (2025)

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters; recognizing the responsibilities of the states in addressing pollution and providing assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment; and maintaining the integrity of wetlands.

The Clean Water Act was one of the United States' first and most influential modern environmental laws. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers. Its implementing regulations are codified at 40 C.F.R. Subchapters D, N, and O (Parts 100–140, 401–471, and 501–503).

Technically, the name of the law is the Federal Water Pollution Control Act. The first FWPCA was enacted in 1948, but took on its modern form when completely rewritten in 1972 in an act entitled the Federal Water Pollution Control Act Amendments of 1972. Major changes have subsequently been introduced via amendatory legislation including the Clean Water Act of 1977 and the Water Quality Act (WQA) of 1987.

The Clean Water Act does not directly address groundwater contamination. Groundwater protection provisions are included in the Safe Drinking Water Act, Resource Conservation and Recovery Act, and the Superfund act.

Effects

To date, the water quality goals stated by Congress in the 1972 act have not been achieved by American society:

  • "to make all U.S. waters fishable and swimmable by 1983;"
  • "to have zero water pollution discharge by 1985;"
  • "to prohibit discharge of toxic amounts of toxic pollutants".

More than half of U.S. stream and river miles, about 70 percent of lakes, ponds and reservoirs, and 90 percent of the surveyed ocean and near coastal areas continue to violate water quality standards. The reasons for the impairment vary by location; major sources are agriculture, industry and communities (typically through urban runoff). Some of these pollution sources are difficult to control through national regulatory programs.

However, since the passage of the 1972 act, the levels of pollution in the United States have experienced a dramatic decrease. The law has resulted in much cleaner waterways than before the bill was passed. Agriculture, industry, communities and other sources continue to discharge waste into surface waters nationwide, and many of these waters are drinking water sources. In many watersheds nutrient pollution (excess nitrogen and phosphorus) has become a major problem. It is argued in a 2008 paper that the Clean Water Act has made extremely positive contributions to the environment, but is in desperate need of reform to address the pollution problems that remain. A 2015 paper acknowledges that the CWA has been effective in controlling point sources, but that it has not been effective with nonpoint sources, and argues that the law must be updated to address the nation's current water quality problems.

A 2017 working paper finds that "most types of water pollution declined over the period 1962-2001, though the rate of decrease slowed over time... Our finding of decreases in most pollutants implies that the prevalence of such violations was even greater before the Clean Water Act." Several studies have estimated that the costs of the CWA (including the expenditures for the Title II construction grants program) are higher than the benefits. An EPA study had similar findings, but acknowledged that several kinds of benefits were unmeasured. A 2018 study argues that "available estimates of the costs and benefits of water pollution control programs [including the CWA] are incomplete and do not conclusively determine the net benefits of surface water quality."

See also

  • America's Water Infrastructure Act of 2018
  • Coastal Zone Management Act
  • Great Lakes Areas of Concern
  • Ocean Dumping Act
  • Oil Pollution Act of 1990
  • Safe Drinking Water Act
  • Water supply and sanitation in the United States
  • Mitigation banking
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