Clarifying Legal Exclusions Around Regulated Waters Act; CLEAR Waters Act
Summary
The CLEAR Waters Act amends the Federal Water Pollution Control Act, redefining 'navigable waters' by excluding specific features. These exclusions include components of waste treatment systems, ephemeral features that flow only in response to precipitation, groundwater, and features excluded by the Administrator and the Secretary of the Army. This bill aims to clarify the scope of federal regulatory authority over water resources.
Expected Effects
The act will likely reduce the scope of federal regulation under the Clean Water Act. This could lead to decreased regulatory burdens on certain industries and landowners. However, it may also result in reduced protection for some water resources.
Potential Benefits
- Reduced regulatory burden for businesses and landowners regarding water management.
- Clarification of which water features are subject to federal oversight, potentially reducing legal ambiguity.
- Increased flexibility for waste treatment systems.
- Potential for cost savings for industries that manage wastewater.
- Could streamline permitting processes for certain activities.
Most Benefited Areas:
Potential Disadvantages
- Potential for increased pollution of water resources due to reduced regulatory oversight.
- Degradation of aquatic habitats and ecosystems.
- Reduced protection for wetlands and other sensitive areas.
- Possible negative impacts on drinking water sources.
- Increased risk of water contamination from industrial activities.
Most Disadvantaged Areas:
Constitutional Alignment
The bill's alignment with the US Constitution is primarily related to the balance of power between the federal government and the states, as well as the Commerce Clause (Article I, Section 8). The Commerce Clause grants Congress the power to regulate interstate commerce, which has historically been used to justify federal regulation of navigable waters. By narrowing the definition of 'navigable waters,' the bill potentially limits the scope of federal authority, raising questions about the appropriate balance between federal and state control over water resources. The bill does not appear to infringe on any individual rights or liberties protected by the Bill of Rights.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).