April, 14 2009, 03:45pm EDT
For Immediate Release
Contact:
Erin Allweiss, NRDC, 202-513-6254
New Report: Across America, Waters in Crisis
How the Supreme Court Has Broken the Clean Water Act and Why Congress Must Fix It
WASHINGTON
For
decades, the Clean Water Act has broadly protected America's lakes,
rivers, streams, and drinking water sources from unregulated pollution
and destruction, rescuing them from the dire straits they were in
during the late 1960s and early 1970s. But because of a concerted
effort by polluters and developers, and muddied rulings from the U.S.
Supreme Court, up to 60 percent (at least 15,000 important waters) have
lost these vital protections and countless other waters (including more
than 50 percent of our streams and 20 million acres of wetlands) are at
risk of losing protections.
Today, Natural Resources
Defense Council, Clean Water Action, Earthjustice, Environment America,
National Wildlife Federation, Sierra Club, and Southern Environmental
Law Center are releasing a new report entitled "Courting Disaster: How the Supreme Court Has Broken the Clean Water Act and Why Congress Must Fix It,"
which details the threats to America's waters and highlights the urgent
need for Congress to act immediately and restore full Clean Water Act
protections to our waters.
Supreme Court decisions in
2001 and 2006, and subsequent agency policies by the U.S. Environmental
Protection Agency and the Army Corps of Engineers put in place in 2003
and 2007, shattered the fundamental framework of the Clean Water Act.
Today, many important waters - large and small - are being stripped of
critical protections against pollution and destruction. These waters
not only serve as valuable wildlife habitat, store flood water, return
water to aquifers, and filter pollutants, but they also provide some or
all of the supply for drinking water systems serving roughly 111
million Americans. The floodgates are now open for polluters to use the
chaotic legal state to thwart enforcement and clean up efforts, and
actively pollute the waters where we fish, swim, boat, and drink.
Courting Disaster details
more than 30 cases which demonstrate that without immediate action in
Congress, a generation of progress in cleaning up our nation's waters
may be lost. We cannot afford to return to the days of dirty water.
These telling examples include numerous instances where:
- an
administrative agency (EPA or Corps) limited legal protection for a
given water body, ruling that it is no longer protected by the Clean
Water Act; - a court made a determination undercutting Clean Water Act protections for a water body;
- as
a defense in an enforcement action, an alleged polluter raised the
issue of whether the water they discharged into is a protected water; - the
Corps of Engineers originally determined a water not be protected,
forcing EPA to step in to overrule the Corps and protect the water
body; and - a discharger with a permit argued it could pollute waters without federal safeguards in the future.
"Across
the nation, polluters are being allowed to dump into our waterways,
including countless drinking water sources," said Jon Devine, Senior
Attorney for NRDC. "Congress can and must fix the Clean Water Act so it
protects the health of our rivers, lakes, streams, and the millions of
Americans who rely on them."
"These examples from across
America make clear the urgent need for Congress to pass the Clean Water
Restoration Act -- every day that passes puts at risk America's
streams, wetlands, and our sources of clean water," said Jim Murphy,
wetlands & water resources counsel, National Wildlife Federation.
"Robust wetlands, rivers, and streams are essential to help people and
wildlife survive the impacts of global warming that include more
intense storms, droughts and habitat loss."
"Since 2003,
drinking water sources for 111 million Americans have been put at risk
because of policies that give free reign to polluters," said Paul
Schwartz, national policy coordinator, Clean Water Action. "This report
shows that action by Congress is overdue."
"The Clean
Water Act was created to broadly protect our nation's waters, including
the many streams, ponds, and wetlands that provide recreation, fishing,
wildlife habitat, and our drinking water," said Dalal Aboulhosn, clean
water representative, Sierra Club. "Congress needs to step up now and
reaffirm the Clean Water Act as it was originally intended before more
of our waters are lost."
"The Clean Water Act is
broken," said Joan Mulhern, senior legislative counsel, Earthjustice.
"Every week that goes that Congress does not pass legislation to fix
it, dozens of streams and wetlands - like those in this report - are
lost to pollution and destruction. President Obama said during the
campaign that he supports this legislation. There is no reason to wait
any longer to address this dire problem."
"The rubber
meets the road in the South where most of America's wetlands and its
greatest growth collide," said Bill Sapp, senior attorney, Southern
Environmental Law Center. "The Clean Water Restoration Act is crucial
to protecting the South's valuable wetlands since many states have
little or no protections in place."
The cases in Courting Disaster
provide telling examples of how critical it is for Congress to reverse
the damage done from the Supreme Court's decisions by restoring
longstanding Clean Water Act protections. The Clean Water Restoration
Act would accomplish this. This Act was introduced in the Senate two
weeks ago. A similar bill should soon be introduced in the House.
The
Natural Resources Defense Council is a national, nonprofit organization
of scientists, lawyers and environmental specialists dedicated to
protecting public health and the environment. Founded in 1970, NRDC has
1.2 million members and online activists, served from offices in New
York, Washington, Chicago, Los Angeles, San Francisco and Beijing.
Related NRDC Webpages:
Courting Disaster: How the Supreme Court Has Broken the Clean Water Act and Why Congress Must Fix It
NRDC works to safeguard the earth--its people, its plants and animals, and the natural systems on which all life depends. We combine the power of more than three million members and online activists with the expertise of some 700 scientists, lawyers, and policy advocates across the globe to ensure the rights of all people to the air, the water, and the wild.
(212) 727-2700LATEST NEWS
By Limiting Nationwide Injunctions, Supreme Court Declares 'Open Season on All Our Rights'
In a ruling that stems from the president's birthright citizenship order, the "conservative supermajority just took away lower courts' single most powerful tool for reining in the Trump administration's lawless excesses."
Jun 27, 2025
The U.S. Supreme Court issued a flurry of decisions Friday morning, including a ruling related to U.S. President Donald Trump's attack on birthright citizenship that led legal experts, elected Democrats, immigrants, and rights advocates to warn—as MoveOn Civic Action spokesperson Britt Jacovich put it—that the justices "just made it easier for Trump to take away your rights."
Three different federal judges had granted nationwide injunctions blocking Trump's effort to end birthright citizenship with an executive order that Cody Wofsy, deputy director of the ACLU Immigrants' Rights Project, described as "blatantly illegal and cruel." Rather than considering the constitutionality of the president's order, the justices examined the relief provided by lower courts.
"The Supreme Court has green-lighted Trump to run roughshod over a critical constitutional right. This is not a slide into authoritarianism—this is a one-way plummet."
In Friday's 6-3 ruling for Trump v. CASA, the right-wing justices held that "universal injunctions likely exceed the equitable authority that Congress has given to federal courts," with Justice Amy Coney Barrett, a Trump appointee, delivering the majority opinion.
"The Supreme Court's conservative supermajority just took away lower courts' single most powerful tool for reining in the Trump administration's lawless excesses," wroteSlate's Mark Joseph Stern. "I understand there is some debate about the scope of this ruling, but my view remains that the Supreme Court has just effectively abolished universal injunctions, at least as we know them. The question now is really whether lower courts can craft something to replace them that still sweeps widely."
"Trump's Justice Department is about to file a motion in every lower court where it faces a universal injunction citing this case and arguing that the injunction must be narrowed," the journalist explained. "This will have huge downstream consequences for a ton of other extraordinarily important and controversial cases."
Justice Sonia Sotomayor penned a dissent, joined by the other two liberals, and Justice Ketanji Brown Jackson also wrote her own. Many other critics of the high court's majority decision echoed their warnings about the expected consequences of the ruling.
"The Supreme Court has green-lighted Trump to run roughshod over a critical constitutional right. This is not a slide into authoritarianism—this is a one-way plummet," said Analilia Mejia and DaMareo Cooper, co-executive directors of the grassroots coalition Popular Democracy, in a Friday statement.
"This ruling takes away the power of lower courts to block unconstitutional moves from the government on a federal level— allowing the government to act with impunity and apply law inconsistently across the country," they stressed. "As Justice Sotomayor wrote, 'No right is safe in the new legal regime this court creates.'"
Congresswoman Delia Ramirez (D-Ill.), the daughter of Guatemalan immigrants and a citizen by birthright, said Friday that "I agree, Judge Sotomayor, no right is safe under the new regime, not even the ones clearly guaranteed under our Constitution."
"For more than 100 years, the 14th Amendment has reaffirmed that all people born in the U.S. are U.S. citizens, with equal rights under the law. It has been and is the law of the land, consistently upheld by courts and scholars across the political spectrum," she noted. "But in limiting nationwide injunctions, Trump's loyalists have decided to—once again—put him above the rule of law, our Constitution, and the principles of our nation."
Caroline Ciccone, president of the watchdog Accountable.US, highlighted that same line from Sotomayor and also explained that "results like this are the result of a yearslong takeover by Trump and special interest allies to capture the courts and install conservative majorities that help him advance an extreme ideological agenda."
"Let's be clear: The Trump administration appealed this case to undermine the power of federal judges, rather than address his blatantly unconstitutional executive order seeking to end birthright citizenship," Ciccone said.
Brett Edkins, managing director of policy and political affairs at the progressive advocacy group Stand Up America, said that "as Justice Jackson notes, 'The court's decision to permit the executive to violate the Constitution with respect to anyone who has not yet sued is an existential threat to the rule of law.'"
"Today, six justices on the Supreme Court eliminated one of the most effective checks on Donald Trump, clearing a path for him to impose his extreme, anti-democratic agenda on any American who can't afford a lawyer or doesn't join the game of litigation Whac-A-Mole now required to protect their basic rights. This ruling should send a chill down every American's spine."
Congressional Progressive Caucus Chair Greg Casar (D-Texas) also described the decision as chilling and argued on social media that "the Supreme Court is declaring open season on all our rights."
U.S. Sen. Alex Padilla (D-Calif.), ranking member of the Senate Judiciary Immigration Subcommittee, called out the high court for failing "every American," and said that "we must heed Justice Jackson's warning," citing that same line from her dissent.
Maggie Jo Buchanan, interim executive director of the group Demand Justice, pointed to another line, agreeing that "as Justice Jackson wrote in her dissent, the court has created an 'existential threat' to the rule of law and the system of checks and balances upon which our nation was founded."
"The same six justices who gave Trump king-like immunity for criminal acts have now limited the ability of the judicial branch to protect everyday Americans from unconstitutional or illegal executive overreach," she said, referring to a decision issued a year ago. "Just as Republican leaders in Congress duck their heads and carry out Trump's bidding, the Republican appointees on the court do so as well."
Senate Minority Leader Chuck Schumer (D-N.Y.) also took aim at both his GOP colleagues and the justices, saying that "the Supreme Court's decision to limit courts of their long-held authority to block illegal executive actions is an unprecedented and terrifying step toward authoritarianism, a grave danger to our democracy, and a predictable move from this extremist MAGA court."
"Congressional Republicans have to choose between being bystanders or co-conspirators," Schumer added, urging them to challenge Trump. "Congress must check this unimpeded power, but for that to happen, Republican members must stand up for core American democratic values and not for unchecked presidential power of the kind that our Founders most deeply feared."
In addition to sounding the alarm about what the high court's decision means for all future legal battles, critics noted that although the justices didn't weigh in on Trump's birthright citizenship order, it could soon start to impact families nationwide.
"The administration's attempt to deny citizenship to many children born in the United States is unquestionably unconstitutional, and nothing in today's Supreme Court opinion suggests otherwise. Yet, the court has nonetheless created a real risk that the administration's unconstitutional order will go into effect in many parts of the country in 30 days," said Sam Spital, associate director-counsel at the Legal Defense Fund (LDF), vowing to continue the fight against the order.
FWD.us president Todd Schulte pointed out that with its new ruling, "the Supreme Court has opened the door to a fractured system in which a child born in one state is recognized as a citizen, but a child born in another is not."
"If the president's order is allowed to go into effect by the lower courts, there will be immediate chaos for parents, hospitals, and local officials, and long-term harm for families and communities across the country," he warned.
Juana, a pregnant mother, CASA member, and named plaintiff in a lawsuit over the order, said Friday that "I'm heartbroken that the Supreme Court chose to limit protections instead of standing firmly for all families like mine."
"Every child born here deserves the same rights, no matter who their parents are," Juana declared. "I joined this lawsuit not just for my baby, but for every child who deserves to be recognized as fully American from their first breath. We won't stop fighting until that promise is real for everyone."
Shortly after the ruling, organizations including the ACLU, Democracy Defenders Fund, and LDF filed a class action lawsuit on behalf of a proposed class of babies subject to Trump's executive order and their parents.
"The Constitution guarantees birthright citizenship, and no procedural ruling will stop us from fighting to uphold that promise," said Tianna Mays, legal director for Democracy Defenders Fund. "Our plaintiffs, and millions of families across this country, deserve clarity, stability, and justice. We look forward to making our case in court again."
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Supreme Court Porn ID Ruling 'A Blow to Freedom of Speech and Privacy,' Says ACLU
"The legislature claims to be protecting children from sexually explicit materials, but the law will do little to block their access, and instead deters adults from viewing vast amounts of First Amendment-protected content," said Cecillia Wang, national legal director of the ACLU.
Jun 27, 2025
Free speech advocates are sounding the alarm after the U.S. Supreme Court on Friday upheld a Texas law requiring users to share personal identification to view adult material online.
The law, which mandates websites that host sexual content to require users to provide photo IDs or biometric scans to verify that they are over 18, was challenged by several adult websites and free speech organizations. They argued that it violated adult users' First Amendment rights.In a 6-3 decision along ideological lines siding with Texas, Justice Clarence Thomas wrote in the majority opinion that the law "only incidentally burdens the protected speech of adults," and therefore did not require "strict scrutiny" from the Court.
But advocates for free speech and online security have warned that such laws—which have passed in 24 states—have the potential to be much more invasive, both to personal expression and privacy.
Following the ruling, the American Civil Liberties Union (ACLU) decried the Court's decision as "a blow to freedom of speech and privacy."
"The Supreme Court has departed from decades of settled precedents that ensured that sweeping laws purportedly for the benefit of minors do not limit adults' access to First Amendment-protected materials," said Cecillia Wang, national legal director of the ACLU. "The legislature claims to be protecting children from sexually explicit materials, but the law will do little to block their access, and instead deters adults from viewing vast amounts of First Amendment-protected content."
The ACLU's concerns echoed those expressed in Justice Elena Kagan's dissenting opinion, in which she said the court should have applied "strict scrutiny," which would have required the bill to use the least restrictive means possible to meet its goal. Applying strict scrutiny is standard in cases involving content related restrictions on expression, and has been used in past cases related to obscenity.
"No one doubts that the distribution of sexually explicit speech to children, of the sort involved here, can cause great harm," she added. "But the First Amendment protects those sexually explicit materials, for every adult. So a state cannot target that expression, as Texas has here, any more than is necessary to prevent it from reaching children."
During oral arguments in January, Kagan warned of the potential "spillover danger" if the court were to weaken strict scrutiny for free expression cases.
"You relax strict scrutiny in one place," she said, "and all of a sudden, strict scrutiny gets relaxed in other places."
Friday's ruling comes as red states have introduced laws increasingly cracking down on public discussion of sex and gender.
These have included laws banning sexual education or the discussion of LGBTQ+ identities in schools, bans on books containing "divisive" topics including sex and gender, and bans on drag shows in public spaces. Many states have also introduced laws allowing parents to challenge books containing "divisive" concepts, including discussions of sexuality and LGBTQ+ identity.
On Friday, the Supreme Court also ruled on religious liberty grounds in favor of parents' rights to opt their children out from classes with storybooks involving LGBTQ+ characters.
"As it has been throughout history, pornography is once again the canary in the coal mine of free expression," said Alison Boden, executive director of the Free Speech Coalition, which was one of the plaintiffs in the Texas case.
Beyond burdening adults' free expression, critics warned that requiring photo identification poses a privacy risk to porn viewers.
The conservative justices defended the law as tantamount to others that require identification to access alcohol or to enter adults-only spaces. In his majority opinion, Thomas wrote that the law is "appropriately tailored because it permits users to verify their ages through the established methods of providing government-issued identification and sharing transactional data."
However, Kagan argued in her dissent that requiring photo ID for online activity is fundamentally different because the user has no idea if their identifying information is being tracked or logged.
"It is turning over information about yourself and your viewing habits—respecting speech many find repulsive—to a website operator, and then to… who knows?" she said.
Evan Greer, founder of the online privacy advocacy group Fight for the Future, wrote on BlueSky that the ruling bodes ill for internet privacy more generally.
"This is bad in a variety of ways that have nothing to do with porn and everything to do with expanding invasive surveillance of every single internet user, including all adults," Greer said.
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'Just Killed, for Nothing': Israeli Troops Say They Were Ordered to Shoot Aid-Seeking Gaza Civilians
"Killing innocent people—it's been normalized," said one senior reserve officer. "We were constantly told there are no noncombatants in Gaza, and apparently that message sank in among the troops."
Jun 27, 2025
Israel Defense Forces commanders ordered troops to shoot and shell aid-seeking Palestinian civilians in Gaza, even when they posed no threat, according to IDF officers and soldiers interviewed by Israel's oldest daily newspaper.
Haaretz on Friday published testimonies of IDF members including senior officers who said that commanders including Brig. Gen. Yehuda Vach ordered troops to open fire on aid-seeking Palestinians in order to disperse them, even when there was no danger to Israeli troops.
"It's a killing field," one soldier said. "Where I was stationed, between one and five people were killed every day. They're treated like a hostile force—no crowd-control measures, no tear gas—just live fire with everything imaginable: heavy machine guns, grenade launchers, mortars. Then, once the center opens, the shooting stops, and they know they can approach. Our form of communication is gunfire."
The soldier said troops informally call this activity "Operation Salted Fish." Salted fish, or dag maluach in Hebrew, is an Israeli children's game similar to red light, green light. One IDF reservist who just finished a round of duty in Gaza this week said that "the loss of human life means nothing. It's not even an 'unfortunate incident,' like they used to say."
Last month, the Integrated Food Security Phase Classification report revealed that 244,000 people in Gaza were suffering such "an extreme deprivation of food" that "starvation, death, destitution, and extremely critical levels of acute malnutrition are or will likely be evident." Gaza officials say at least hundreds of people have already died of malnutrition and lack of medical care since Israel tightened the siege in March. Many of the victims are children and elders. Hundreds of premature infants face imminent death.
Amid such desperation—driven by 629 days of U.S.-backed Israeli bombardment, invasion, and ethnic cleansing that have killed, wounded, or disappeared more than 200,000 Palestinians and forcibly displaced over 2 million—Gazans are willing to risk their lives for their next meal.
According to Gaza's Government Media Office, at least 549 Palestinians have been killed and more than 4,000 others have been wounded by IDF troops since May 27 while trying to obtain humanitarian aid amid Israel's "complete siege" of the Gaza Strip that has fueled mass starvation and illness. Dozens or more civilians have been killed in the worst of these aid massacres.
A reserve officer in Vach's Division 252—veterans of which have accused the general of telling them "there are no innocents in Gaza"—told Haaretz that he was ordered to fire artillery shells toward a crowd gathered near an aid distribution site.
"Technically, it's supposed to be warning fire—either to push people back or stop them from advancing," he said. "But lately, firing shells has just become standard practice. Every time we fire, there are casualties and deaths, and when someone asks why a shell is necessary, there's never a good answer. Sometimes, merely asking the question annoys the commanders."
"You know it's not right. You feel it's not right—that the commanders here are taking the law into their own hands," the soldier added. "But Gaza is a parallel universe. You move on quickly. The truth is, most people don't even stop to think about it."
A senior reserve officer who was present when more than 10 aid-seekers were killed said:
When we asked why they opened fire, we were told it was an order from above and that the civilians had posed a threat to the troops. I can say with certainty that the people were not close to the forces and did not endanger them. It was pointless—they were just killed, for nothing. This thing called killing innocent people—it's been normalized. We were constantly told there are no noncombatants in Gaza, and apparently that message sank in among the troops.
That message has come all the way from the top. Israeli Prime Minister Benjamin Netanyahu—who is wanted by the International Criminal Court for alleged crimes against humanity and war crimes in Gaza, including murder and weaponized starvation—has invoked the biblical command for genocide against Israel's ancient enemy Amalek. Israeli Finance Minister Bezalel Smotrich said that the killing of every man, woman, and child in Gaza would be "justified and moral." Deputy Knesset Speaker Nissim Vaturi asserted that "there are no uninvolved people" in Gaza, and "we must go in there and kill, kill, kill." Many other prominent Israelis have made similar statements.
Israel's Military Advocate General has instructed the IDF General Staff's Fact-Finding Assessment Mechanism to investigate the killing of aid-seeking civilians as possible war crimes. However, the historical record suggests impunity—or at worst, wrist-slap punishment—will prevail for most if not all of those who ordered and carried out the shooting and shelling of civilians.
One military source who attended a high-level IDF meeting during which the use of artillery on aid-seekers was discussed told Haaretz that "they talk about using artillery on a junction full of civilians as if it's normal."
"An entire conversation about whether it's right or wrong to use artillery, without even asking why that weapon was needed in the first place," the source said. "What concerns everyone is whether it'll hurt our legitimacy to keep operating in Gaza. The moral aspect is practically nonexistent. No one stops to ask why dozens of civilians looking for food are being killed every day."
"This isn't about a few people being killed—we're talking about dozens of casualties every day."
A legal official who attended the meeting told Haaretz that representatives of the Military Advocate General's Office rejected the IDF's argument that aid killings were one-off incidents.
"The claim that these are isolated cases doesn't align with incidents in which grenades were dropped from the air and mortars and artillery were fired at civilians," the official said. "This isn't about a few people being killed—we're talking about dozens of casualties every day."
The near-daily massacres of aid-seeking Palestinian civilians by Israeli forces and Israel's use of the U.S.-backed Gaza Humanitarian Foundation—whose operations have been called a "death trap"—have drawn international condemnation.
Earlier this week, a spokesperson for the Office of the United Nations High Commissioner for Human Rights said that "the weaponization of food for civilians... constitutes a war crime and, under certain circumstances, may constitute elements of other crimes under international law," remarks that came amid the ongoing genocide case against Israel at the International Court of Justice in The Hague.
Netanyahu and Defense Minister Israel Katz rejected the claims in the Haaretz report as "blood libels," while the IDF responded to the exposé in a statement claiming that "any allegation of a deviation from the law or IDF directives will be thoroughly examined, and further action will be taken as necessary."
"The allegations of deliberate fire toward civilians presented in the article are not recognized in the field," the IDF added.
IDF troops have previously admitted to witnessing alleged war crimes including indiscriminate murder of people including women and children in Gaza and torture, sometimes fatal, in Israeli detention centers including the notorious Sde Teiman prison.
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