SOLID WASTE AGENCY OF NORTHERN COOK COUNTY v. UNITED STATES ARMY CORPS OF ENGINEERS, ET AL
Facts of the Case*
The Solid Waste Agency of Northern Cook County (SWANCC) selected an abandoned sand and gravel pit as a solid waste disposal site. Excavation trenches on the site had previously become ponds for migrating birds. Because some trenches would have to be filled in, the SWANCC contacted the Army Corps of Engineers (Corps) to determine if a landfill permit was required under the Clean Water Act (CWA), which authorizes the Corps to issue permits allowing the discharge of dredged or fill material into “navigable waters.” Under the CWA, “navigable waters” are defined as “the waters of the United States” and the Corps regulations define such waters to include intrastate waters, of which damage could affect interstate commerce. Subsequently, the Corps denied the SWANCC a permit. The District Court ruled in SWANCC’s favor. In reversing, the Court of Appeals held that Congress has authority under the Commerce Clause to regulate intrastate waters.
*Not included in Word Count
Question
May the provisions of the Clean Water Act be extended to intrastate waters? Does Congress have the authority under the Commerce Clause to exercise such power?
