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T O P I C    R E V I E W
Jen Posted - May 23 2007 : 08:52:29 AM
Fingers crossed!

Congress Considers Changing U.S. Water Pollution Law

May 23, 2007 — By Lisa Lambert, Reuters

WASHINGTON -- U.S. House Democrats said Tuesday they want to change a major water pollution law to answer a recent Supreme Court decision and make clear the law applies to all of the country's water.

The Clean Water Restoration Act would drop the word "navigable" from the 1972 Clean Water Act, and define waters of the United States as anything from prairie potholes to ocean tides.

Last June, the Supreme Court threw out a ruling against developer John Rapanos who had filled wetlands with sand in order to erect a shopping center.

The court split on which waters are under the jurisdiction of the Clean Water Act. Four justices said the law was restricted to protecting navigable waters, such as lakes and rivers, and bodies connected to them, while four others argued the law applied to other waterways.

Justice Anthony Kennedy did not join either side and now lower courts must decide if the law has been violated on a case-by-case basis.

Rep. James Oberstar, a Minnesota Democrat sponsoring the legislation, told reporters the decision threatened watersheds, which are often creeks or estuaries where water has collected.

Rep. John Dingell, the Michigan Democrat who chairs the House Energy and Commerce Committee, helped draft both the original law and the current bill.

"We are simply trying to correct an error that has been made by the Supreme Court," he said. "The history is very clear. It was intended that it would affect all waters of the United States."

Oberstar predicted that the bill would pass. It was sponsored by more than 150 members of the House from both parties and has the support of more than 300 environmental and river restoration groups.

Source: Reuters

The View From My Boots: www.bovesboots.blogspot.com
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Jen Posted - May 29 2007 : 1:06:48 PM
Indeed, and would inevitably be a thorn in the side of good people trying to do good things (including my family - we have 3 creeks on our property which we rely on for house & garden water). Gov't regs always manage that, I think. Overall, though, it would hopefully have a positive imact for us all.

The View From My Boots: www.bovesboots.blogspot.com
Ellen Posted - May 29 2007 : 03:35:18 AM
Thanks for the remembering me and the welcome back. I can get too many irons too hot to handle. Looks like the outpost has been doing fine without me. I still have not caught back up

On the permits here, this would change lots especially in south florida and the everglades.
Jen Posted - May 24 2007 : 1:24:20 PM
Hi Ellen - good to hear from you again! Not sure about the details - let's keep our ears open...

The View From My Boots: www.bovesboots.blogspot.com
Ellen Posted - May 24 2007 : 03:21:53 AM
One question, for those along canals, what happens to the communities that pump water back and forth through channels to reduce flooding.

Will permits now have to be obtained?

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