Environmental Law Institute: America's Vulnerable Waters: Assessing the Nation's Portfolio of Vulnerable Aquatic Resources since Rapanos v. United States
August 2011

In the United States, wetlands, streams, and other aquatic resources are protected by a combination of federal, state, and local laws, regulations, and policies. At the federal level, aquatic resources are regulated under the Clean Water Act (CWA). In this report, the Environmental Law Institute (ELI) finds that 25 states do not have laws in place to protect streams, wetlands, and other waters if the federal Clean Water Act does not apply to those waters. This finding, based on extensive review of thousands of specific local examples, demonstrates if the Clean Water Act does not protect critical waters, those waters are by no means guaranteed protection under state law. To go directly to the report (PDF), click here.