environmental law · claim
The Clean Water Act is a comprehensive federal law aimed at maintaining and restoring the integrity of the nation's waters, including rivers, lakes, and coastal waters. It establishes the National Pollutant Discharge Elimination System (NPDES) for regulating point sources of pollution.
The act prohibits the discharge of any pollutant from a point source into navigable waters without a permit.
What to prove: It must be shown that a point source has discharged a pollutant into navigable waters without obtaining the required NPDES permit.
A point source is defined as any discernible, confined, and discrete conveyance from which pollutants are discharged.
What to prove: Evidence must indicate that the source of the pollution is a specific, identifiable point source.
Navigable waters are defined as waters of the United States, which include lakes, rivers, and coastal waters.
What to prove: It must be established that the body of water affected qualifies as navigable under the definitions provided by the Act.
The Act requires that any discharge of a pollutant must be authorized by a permit obtained through the NPDES.
What to prove: The plaintiff must demonstrate that the defendant discharged pollutants without the requisite permit.
The plaintiff bears the burden of proof to show that the defendant has violated the Clean Water Act, and the standard is a preponderance of the evidence.
Students should prepare to analyze fact patterns involving pollutant discharge and apply the definition of navigable waters in their answers to the exam questions.