It’s time to reevaluate the Clean Water Act

July 14, 2022

The Clean Water Act turns 50 this fall—and like most things at age 50, it no longer functions like it once did.  Congress passed the Clean Water Act (CWA) on October 18, 1972, to combat pollution in the country’s more-than-25,000 miles of waterways. But 50 years later, the government isn’t enforcing the CWA as a … ...

What is the Clean Water Act?

June 14, 2022

The Clean Water Act is one of the more commonly known pieces of federal legislation in America, but the history of the Act, why it was originally passed, and what it actually does is much less widely understood. What is the Clean Water Act, and what does it do?   How did the Clean Water … ...

Frozen land isn’t navigable water (despite what the Clean Water Act says)

December 01, 2020

Richard Schok owns a pipe fabricating company in North Pole, Alaska. After decades of building a successful business, Richard decided to purchase property to relocate and expand his company. The new property was next to a junk car dealer, a scrap metal dealer, and a concrete product supply company. Not exactly the pristine wetlands one … ...

Vindication for Joe: Ninth Circuit vacates late Montanan’s Clean Water Act conviction

July 10, 2019

Today, the Ninth Circuit vindicated Joe Robertson. Joe, a late Navy veteran was sentenced to 18 months in prison for allegedly violating the Clean Water Act. The Ninth Circuit vacated Joe’s criminal conviction after a Supreme Court order in April of this year granted, vacated, and remanded Mr. Robertson’s case. In 2015, the federal gove ...

Ninth Circuit vacates Joe Robertson’s Clean Water Act conviction

July 10, 2019

July 10, 2019: Today the Ninth Circuit Court of Appeals vacated the conviction of Navy veteran Joe Robertson, who was sentenced to 18 months in prison and ordered to pay $130,000 in fines after he dug fire-fighting ponds near his home in Montana. Sadly, Joe passed away in March, but his wife, Carri Robertson, continued … ...

Why a major Clean Water Act regulation is unconstitutionally broad

April 22, 2019

The Clean Water Act protects the navigable waters of the United States. One of the ways it does this is by prohibiting the discharge of pollutants to these waters. These are important aims, but the current definition of “navigable waters” is unconstitutionally broad. This overbroad definition means that ordinary activities like farming, ...

The Hill: It’s time for the Supreme Court to end regulators’ abuse of Clean Water Act rule

April 11, 2019

This article was originally published by The Hill on April 11, 2019. For years, federal regulators harassed U.S. Navy veteran Joe Robertson, charging him with violating the Clean Water Act for digging ponds on private property and subjecting him to ongoing legal proceedings. They even put him in prison for a year and a half. Robertson, 80, died ...