AG Gansler Backs Broader Water Protections Under Federal Clean Water Act

Attorneys General coalition supports clarification of protections for nation's waters proposed by the joint EPA-Army Corps plan, "Waters of the United States"

Baltimore, MD (Sept. 17, 2014) - Attorney General Douglas F. Gansler is backing a federal proposal designed to ensure that the nation's lakes, rivers, streams and wetlands receive proper protection under the federal Clean Water Act (CWA). He is joined by a coalition of seven other state attorneys general in comments submitted to the heads of the U.S. Environmental Protection Agency and the Army Corps of Engineers' Civil Works Office on their joint Waters of the United States Proposed Rule.

"This proposal simplifies clean water enforcement for all states by closing the legal loopholes that thwart efforts to protect the waters that flow into Maryland," said Attorney General Gansler. "While Maryland laws and regulations are demanding, we know that polluted waters do not stop at the state line. To protect the Chesapeake Bay, we need an effective and consistent regulatory scheme nationwide."

The proposed rule seeks to clarify what types of waters are covered by the CWA - an issue muddied by two recent U.S. Supreme Court decisions. This lack of clarity has created uncertainty among businesses, citizens, and state and local pollution control officials regarding their obligations under the CWA. It has also potentially stripped large numbers of waterways of federal protection, leaving them, and the downstream waters with which they connect, vulnerable to degradation. All the Lower 48 states have waters that are downstream of other states.

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