§12.1 - History of the Clean Water Act

• Jurisdiction: Washington

§12.1 HISTORY OF THE CLEAN WATER ACT

The Federal Water Pollution Control Act (FWPCA) of 1948, Pub. L. No. 80-845, 62 Stat. 1155, was the first major law enacted by Congress to address the problems of water pollution in the United States. Congress declared that the Act's purpose was "to provide a comprehensive program for preventing, abating, and controlling water pollution," and that it was congressional policy "to recognize, preserve, and protect the primary responsibilities and rights of the States in controlling water pollution." 94 Cong. Rec. 8195 (1948). The FWPCAgave individual states most of the responsibility for abating water pollution and encouraged interstate agreements, limiting federal authority for the most part to preparing pollution abatement plans and providing support to the states. The law did not specifically prohibit polluting activities, set standards, or limit new sources of pollution.

Although the FWPCA did declare pollution of interstate waters a public nuisance subject to abatement, this mandate applied only when water pollution endangered "the health or welfare of persons in a...