The Success of the Clean Water Act (CWA) over the last 40 years is largely due to the partnership the Act established between the federal government and the states, a partnership that limits federal regulatory power to “navigable waters” rather than all waters.  This limitation also provides states with the primary authority to determine water quality goals and implementation measures for achieving those goals.  Importantly, the CWA reserves regulation of “nonpoint” sources – such as agriculture – to the states. This system of cooperative federalism allows states to weigh the costs and benefits of land use and economic growth decisions and environmental concerns, and establish policy that effectively balances these sometimes competing priorities.

EPA is now attempting to do by regulation what was not authorized by Congressional legislation.  In 2011, EPA sought public comments on a controversial regulatory “Guidance” document.  This proposed regulation will include the controversial language expanding EPA’s regulation to all waters expanding EPA’s authority to regulate any or all waters found within a state – no matter how small, dry or seemingly unconnected to any federal interest.

Climate Change Impacts Ripple Through Fishing Industry While Ocean Science Lags Behind May 18, 2013 - The Huffington Post Some research suggests, for example, that as ocean temperatures rise, many fish species are being driven into deeper waters or toward the planet's poles. Tens of thousands of fishing and related industry jobs evaporated amid an emergency government moratorium on cod fishing in the area. Jeffrey Runge of the University of Maine is studying the rice-sized creature to determine if changes in ocean temperature are affecting its life cycle.

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