No. 21-0489, 5th Cir. 2023
Guadalupe-Blanco River Authority v. U.S.
Does the U.S. Army Corps of Engineers have the authority under the Clean Water Act to regulate and require permits for a state-planned water reservoir that impacts interstate water resources and related environmental factors?
Under the Clean Water Act, the Corps has the authority to issue permits and regulate activities that discharge into navigable waters of the United States, including those that affect interstate waters and the environment.
The Fifth Circuit Court held that the U.S. Army Corps of Engineers does possess the authority to regulate the planned reservoir project, as it significantly impacts navigable waters shared between states, invoking federal jurisdiction under the Clean Water Act.
This case serves as a cornerstone for understanding the balance of power between federal agencies and states concerning natural resources. With increasing interstate water conflicts and regulatory measures due to climate change, this case provides a framework to understand federal powers under the Clean Water Act. It contributes to ongoing dialogues about federalism, environmental policy, and administrative law.