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Essay text:
The
key Supreme Court decisions on Clean Water Act jurisdiction have been concerned with only the
first of these two considerations: attempting to divine the intent of Congress when it passed the
modern Clean Water Act in 1972 and amended it in 1977 and 1987.
But what if Congress were to resolve this question of "intent" once and for all by again
amending the Clean Water Act, this time to make clear that Congress intends to protect the
nation's waters to the fullest extent of its legislative power under the Constitution? Legislation
that would accomplish such clarification has now been introduced in both chambers of the 110th
Congress...
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