Clean Water Act Jurisdiction: Where Is It Now?
Steven Miano The question posed in the title of this article may seem somewhat odd. After all, this year marks the 30th anniversary of the Clean Water Act (CWA). How could we still be asking such a seemingly basic question with respect to a law that has been on the books for so long? Well, as it turns out, some of the most basic issues involved in determining CWA Jurisdiction are in fact the subject of intense debate and complex litigation in cases around the country. This question was also the topic of a panel presented by the Water Quality and Wetlands Committee at the 10th Section Fall Meeting last October in Portland, Oregon. The panel included three distinguished speakers who are among the most active participants in the ongoing debate and litigation over CWA jurisdiction. The speakers were: Virginia Albrecht of Hunton & Williams in Washington, D.C., who has litigated many CWA cases including Hoffman Homes, and National Mining Association v. Corps of Engineers; Ethan Shankman of t
