the pollutant is not released directly into navigable waters
originated with Judge Brown's decision in Sohyde
States and many tribes have existing regulations that apply to waters within their borders, whether or not they are considered "waters of the United States." The agencies' proposal gives states and tribes more flexibility in determining how best to manage their land and water resources while protecting the nation's navigable waters
as intended by Congress when it enacted the Clean Water Act.
2018), where we held that the addition of a pollutant into navigable waters
via groundwater can violate 1311(a) if the plaintiff can show "a direct hydrological connection between [the] ground water and navigable waters
." In this case, the district court found as fact that the arsenic from the coal ash was seeping "directly into the groundwater and, from there, directly into the surface water." As Dominion does not challenge the district court's factual findings on appeal, we apply Upstate Forever and thus reject Dominion's argument, affirming the district court on this point.
(22) In defending the minority recommendations, the corps ignores the clear legislative history described in the final report, which illustrates how Congress purposely included a different meaning of navigable waters
for purposes of 404 assumption than the regulatory definition included in other parts of the CWA.
Under this test, the wetland, either alone or in combination with similarly situated lands, must "significantly affect the chemical, physical, and biological integrity of other covered waters more readily understood as navigable." Justice Antonin Scalia articulated a more limiting test, known as the "plurality" test, which allows jurisdiction over relatively permanent bodies of water connected to traditional navigable waters
, including wetlands that have a continuous surface connection with the traditional navigable waterway and where it is difficult to determine where the "water" ends and the "wetland" begins.
connecting therewith." (55) The Court, also
nonnavigable tributaries of navigable waters
does not invoke the outer
Riverside Bayview Homes, the Supreme Court ruled that the EPA did have jurisdiction over adjacent wetlands that affect navigable waters
. This decision provided precedent that the CWA jurisdiction in fact extended to non-navigable waters to control pollution at the source of emissions into navigable waters
American navigable waters
are an important and strategic natural resource.
U.S., and that the final rule contained some provisions related to allowable distances from navigable waters
that were not included in the proposed rule, so those provisions were not subject to public comments.