A NPDES permit contains limits on what can be discharged, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people’s health. The law protects “navigable waters,” which it defines as “the waters of the United States, including territorial seas.” WOTUS includes waters and their conveyances that fall under federal and state regulatory authority under CWA.Ī key provision under the CWA forbids the “addition” of any pollutant “from a point source” to “navigable waters” without a National Pollutant Discharge Elimination System (NPDES) permit. The term WOTUS derived from the Clean Water Act (CWA) of 1972, which aims to restore and protect the quality of the nation’s surface water. Over the past four decades, all three branches of government have struggled with how to interpret the meaning of WOTUS, which has resulted in extensive litigation and confusion on the county level. This ruling, according to several policy experts, is expected to cause future uncertainties and continued litigation over which navigable waters, known as “waters of the United States” (WOTUS), are within federal jurisdiction and therefore require appropriate permitting. Hawaii Wildlife Fund, the Supreme Court held 6-3 that when there is a “functional equivalent of a direct discharge” from a point source to navigable waters, an appropriate permit is required under the CWA. Supreme Court released their highly anticipated opinion surrounding the Clean Water Act (CWA). Fall Board of Directors Meeting & LUCC Symposium.Committees, State Associations & Affiliates.
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