The Environmental Protection Agency (EPA) is an independent agency of the United States government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate.
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.
Rapanos v. United States, 547 U.S. 715 (2006), was a United States Supreme Court case challenging federal jurisdiction to regulate isolated wetlands under the Clean Water Act. It was the first major environmental case heard by the newly appointed Chief Justice, John Roberts, and Associate Justice Samuel Alito. The Supreme Court heard the case on February 21, 2006, and issued a decision on June 19, 2006.
Best management practices (BMPs) is a term used in the United States and Canada to describe a type of water pollution control. Historically the term has referred to auxiliary pollution controls in the fields of industrial wastewater control and municipal sewage control, while in stormwater management and wetland management, BMPs may refer to a principal control or treatment technique as well.
Mitigation banking is the preservation, enhancement, restoration or creation (PERC) of a wetland, stream, or habitat conservation area which offsets, or compensates for, expected adverse impacts to similar nearby ecosystems. The goal is to replace the exact function and value of specific habitats that would be adversely affected by a proposed activity or project. The public interest is served when enforcement agencies require more habitat as mitigation, often referred to as a mitigation ratio, than is adversely impacted by management or development of nearby acreage.
In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.
Wetlands of the United States are defined by the United States Army Corps of Engineers and the United States Environmental Protection Agency as "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetations typically adapted for life in saturated soils. Wetlands generally include swamps, marshes, bogs, and similar areas." Wetlands can be valued in terms of their contributions to ecological, economic and social systems. Wetlands service these systems through multiple processes including water filtration, water storage and biological productivity. They also contribute the functions of flood control, providing a nutrient sink, groundwater recharge and habitat.
To protect the environment from the adverse effects of pollution, many nations worldwide have enacted legislation to regulate various types of pollution as well as to mitigate the adverse effects of pollution. At the local level, regulation usually is supervised by environmental agencies or the broader public health system. Different jurisdictions often have different levels regulation and policy choices about pollution. Historically, polluters will lobby governments in less economically developed areas or countries to maintain lax regulation in order to protect industrialisation at the cost of human and environmental health.
Solid Waste Agency of Northern Cook County (SWANCC) v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001), was a decision by the US Supreme Court that interpreted a provision of the Clean Water Act. Section 404 of the Act requires permits for the discharge of dredged or fill materials into "navigable waters," which is defined by the Act as "waters of the United States." That provision was the basis for the federal wetlands-permitting program.
The migratory bird rule, adopted by the United States Army Corps of Engineers and the Environmental Protection Agency (EPA) asserted that the Clean Water Act (CWA) covers regulation of isolated waters "which are or would be used as habitat by... migratory birds that cross state lines." The rule was overturned by the Supreme Court in 2001.
Nutrient pollution, a form of water pollution, refers to contamination by excessive inputs of nutrients. It is a primary cause of eutrophication of surface waters, in which excess nutrients, usually nitrogen or phosphorus, stimulate algal growth. Sources of nutrient pollution include surface runoff from farm fields and pastures, discharges from septic tanks and feedlots, and emissions from combustion. Raw sewage is a large contributor to cultural eutrophication since sewage is high in nutrients. Releasing raw sewage into a large water body is referred to as sewage dumping, and still occurs all over the world. Excess reactive nitrogen compounds in the environment are associated with many large-scale environmental concerns. These include eutrophication of surface waters, harmful algal blooms, hypoxia, acid rain, nitrogen saturation in forests, and climate change.
Water quality laws govern the protection of water resources for human health and the environment. Water quality laws are legal standards or requirements governing water quality, that is, the concentrations of water pollutants in some regulated volume of water. Such standards are generally expressed as levels of a specific water pollutants that are deemed acceptable in the water volume, and are generally designed relative to the water's intended use - whether for human consumption, industrial or domestic use, recreation, or as aquatic habitat. Additionally, these laws provide regulations on the alteration of the chemical, physical, radiological, and biological characteristics of water resources. Regulatory efforts may include identifying and categorizing water pollutants, dictating acceptable pollutant concentrations in water resources, and limiting pollutant discharges from effluent sources. Regulatory areas include sewage treatment and disposal, industrial and agricultural waste water management, and control of surface runoff from construction sites and urban environments. Water quality laws provides the foundation for regulations in water standards, monitoring, required inspections and permits, and enforcement. These laws may be modified to meet current needs and priorities.
Nonpoint source (NPS) water pollution regulations are environmental regulations that restrict or limit water pollution from diffuse or nonpoint effluent sources such as polluted runoff from agricultural areas in a river catchments or wind-borne debris blowing out to sea. In the United States, governments have taken a number of legal and regulatory approaches to controlling NPS effluent. Nonpoint water pollution sources include, for example, leakage from underground storage tanks, storm water runoff, atmospheric deposition of contaminants, and golf course, agricultural, and forestry runoff.
Point source water pollution comes from discrete conveyances and alters the chemical, biological, and physical characteristics of water. In the United States, it is largely regulated by the Clean Water Act (CWA). Among other things, the Act requires dischargers to obtain a National Pollutant Discharge Elimination System (NPDES) permit to legally discharge pollutants into a water body. However, point source pollution remains an issue in some water bodies, due to some limitations of the Act. Consequently, other regulatory approaches have emerged, such as water quality trading and voluntary community-level efforts.
Over the past 200 years, the United States has lost more than 50% of its wetlands. And even with the current focus on wetland conservation, the US is losing about 60,000 acres (240 km2) of wetlands per year. However, from 1998 to 2004 the United States managed a net gain of 191,750 acres (776.0 km2) of wetlands . The past several decades have seen an increasing number of laws and regulations regarding wetlands, their surroundings, and their inhabitants, creating protections through several different outlets. Some of the most important have been and are the Migratory Bird Act, Swampbuster, and the Clean Water Act.
The Waters of the United States Regulatory Overreach Protection Act of 2014 is a bill that would prohibit the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) from implementing or enforcing certain proposed regulations regarding the use of the nation’s waters and wetlands.
The Clean Water Rule is a 2015 regulation published by the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (USACE) to clarify water resource management in the United States under a provision of the Clean Water Act of 1972. The regulation defined the scope of federal water protection in a more consistent manner, particularly over streams and wetlands which have a significant hydrological and ecological connection to traditional navigable waters, interstate waters, and territorial seas. It is also referred to as the Waters of the United States (WOTUS) rule, which defines all bodies of water that fall under U.S. federal jurisdiction. The rule was published in response to concerns about lack of clarity over the act's scope from legislators at multiple levels, industry members, researchers and other science professionals, activists, and citizens.
The Freshwater Wetlands Protection Act was passed by the New Jersey Legislature on July 1, 1987, to "preserve the purity and integrity of freshwater wetlands from random, unnecessary or undesirable alteration or disturbance." This statute extended state and federal protection of waterways. Prior to this act, only coastal and navigable waters were protected. The act extended protection to inland waterways and freshwater wetlands, which serve to protect water quality, provide flood protection, and provide habitat for wildlife.
County of Maui v. Hawaii Wildlife Fund, No. 18-260, 590 U.S. ___ (2020), was a United States Supreme Court case involving pollution discharges under the Clean Water Act (CWA). The case asked whether the Clean Water Act requires a permit when pollutants that originate from a non-point source can be traced to reach navigable waters through mechanisms such as groundwater transport. In a 6–3 decision, the Court ruled that such non-point discharges require a permit when they are the "functional equivalent of a direct discharge", a new test defined by the ruling. The decision vacated the ruling of the United States Court of Appeals for the Ninth Circuit, and remanded the case with instructions to apply the new standard to the lower courts with cooperation of the Environmental Protection Agency (EPA).
Sackett v. Environmental Protection Agency, 598 U.S. ___ (2023), also known as Sackett II, was a United States Supreme Court case related to the scope of the Clean Water Act.
