Washington, DC - Congressman John D. Dingell (D-MI15) made the following remarks at a news conference introducing “America's Commitment to Clean Water Act.” This bill would restore Congressional intent on the jurisdiction of the Clean Water Act. Two Supreme Court cases, one in 2001 and the other in 2006 have muddied the waters in terms of what is and is not covered by the Act. This bill, sponsored by Congressman James Oberstar (D-MN08), already has bipartisan support.
“My good friend and colleague Representative Oberstar and I introduced the first bill to clarify Congressional intent with regard to isolated wetlands and the Clean Water Act in the 107th Congress.
“Today we have revamped the bill a bit to address some of the concerns of our critics. First and foremost, we make clear that we are only reaffirming the definition of waters prior to actions taken by the Supreme Court in the SWANCC and Rapanos decisions.
“I am pleased to be here also with Representative Vern Ehlers (R-MI03), who is a leader on many Science issues and a tireless advocate for the Great Lakes, which we in Michigan take very seriously
“Back in 1972, I was proud to play a part in, and lend my unwavering support for the Clean Water Act. As one of the few members of Congress who was around during that debate, I am in a unique position to tell you where we have been and where we should be in protecting our most valuable natural resource – water.
“I don’t have to remind anybody here what it was like previous to that landmark legislation…rivers were catching on fire and in my own backyard, fisherman dubbed Lake Erie the Dead Sea.
“Today, largely as a result of the Clean Water Act, our lakes, rivers and streams are in significantly better condition than they were 30 years ago.
“However, because of Supreme Court decisions in 2001 and 2006, we are in very real danger of losing that progress. That is not something we can allow to happen.
“The rulings are of particular concern to sportsmen. Wildlife biologists estimate that without Clean Water Act protection, much of the prime breeding habitat for waterfowl in North America could be lost, leading to devastating impacts on waterfowl populations. This could mean drastically shortened hunting seasons – or no season at all.
“Folks, we have come too far to allow this to go on.
“This bill is really quite simple and makes perfectly clear what Congress intended in 1972. The bill reaffirms our commitment to protecting the waters of the United States.
“I look forward to working with Representatives Oberstar and Ehlers to see this critical legislation signed into law.”
In the more than 35 years since passage of the Clean Water Act, America's waters have become safer and the rate of wetlands loss has declined by 75 percent.
Congressman Dingell was one of the architects of the 1972 Clean Water Act. The legislative history of the Clean Water Act clearly and unambiguously states that the statute applies to all the waters of the United States. The Congressional Record shows that Congressman specifically spoke of the term “navigable waters” explaining such waters consist of all "the waters of the United States" including main streams and their tributaries.
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