By Ryan Dreveskracht
The current regulation of water pollution in Indian country is complex, to say the least.
Governed largely by the Clean Water Act (“CWA”)—a comprehensive statute designed to “restore and maintain the chemical, physical, and biological integrity of the Nation's waters” through the reduction and eventual elimination of pollutant discharge into those waters—the regulation of water pollution in the U.S. anticipates a partnership between the federal government and states. 33 U.S.C. § 1251. The federal government sets the minimum level of pollution reduction required by the Act and “[i]f the states wish to achieve better water quality, they may.” U.S. Steel Corp. v. Train, 556 F.2d 822, 838 (7th Cir. 1977).
