Waters of the United States
The waters of the United States is a phrase used in different legal contexts to refer to various bodies of water controlled by the Federal government of the United States in various ways.
International boundaries
The third United Nations Convention on the Law of the Sea defines the boundary of maritime control of the United States U.S. in terms of:
- Internal waters (full control)
- Territorial waters (up to 12 nautical miles offshore, full control)
- Contiguous zone (up to 24 nautical miles, limited control)
- Exclusive economic zone (usually out to 200 nautical miles, includes only fishing, mineral, and bottom harvesting sovereignty)
- Outer Continental Shelf (includes only mineral and bottom harvesting sovereignty)
- International waters (no national control)
Federal vs. state coastal jurisdiction
The individual U.S. states exercise ownership (subject to federal law) up to 3 nautical miles (9 nautical miles for Texas and Florida) from shore, while the federal government exercises sole territorial jurisdiction further out.
Clean Water Act
The Clean Water Act (actually a series of cumulative legislation mainly dating to 1972) uses the term "waters of the United States" to define its scope. The U.S. Supreme Court cases Solid Waste Agency of Northern Cook County v. Army Corps of Engineers in 2001 and Rapanos v. United States in 2006 generated some confusion over the detailed meaning of this phrase.[1] After the Obama Administration proposed to clarify the rule the House of Representatives passed the Waters of the United States Regulatory Overreach Protection Act of 2014, but the bill died in the Senate.[2]
In 2015, the Environmental Protection Agency (EPA) finalized the "Clean Water Rule" which proposed a new detailed and inclusive definition of "waters of the United States",[3][4] provoking another round of controversy.[1] Thirteen states sued, and U.S. Chief District Judge Ralph R. Erickson issued an injunction blocking the regulation in those states.[5] In a separate lawsuit, on October 9 a divided federal appeals court stayed the rule’s application nationwide.[6] Congress passed a joint resolution under the Congressional Review Act simply overturning the "WOTUS" rule,[7] but President Obama vetoed the measure.[8]
See also
References
- ^ a b Coral Davenport (2015-05-27). "Obama Announces New Rule Limiting Water Pollution". New York Times.
- ^ H.R. 5078, 113th Congress (2014).
- ^ U.S. Environmental Protection Agency (EPA), Washington, D.C. 80 Fed. Reg. 37054 (June 29, 2015).
- ^ EPA. http://www2.epa.gov/sites/production/files/2015-05/documents/clean_water_rule_part_230_3_1.pdf
- ^ Gershman, Jacob (28 August 2015). "After Court Defeat, EPA Presses Forward With Water Rule in Some States". The Wall Street Journal.
- ^ Gershman, Jacob (9 October 2015). "Appeals Court Blocks EPA Water Rule Nationwide". The Wall Street Journal.
- ^ S.J.Res. 22, 114th Congress (2015).
- ^ Cama, Timothy (21 January 2016). "Senate fails to override Obama veto". The Hill.