The Environmental Protection Administration (EPA) has been trying to remove the word "navigable" from the language of the Clean Water Act (CWA) as it refers to waters of the United States. Indeed, the proposal — issued in April 2011 — is waiting for final clearance at the Office of Management and Budget to do just that.The CWA, enacted in 1972, limits federal jurisdiction to "navigable" waters of the United States. The U.S. Supreme Court, in 2001 and 2007, reaffirmed the limit to navigable waters. However, through regulations, guidance and other means the EPA is seeking to expand its authority beyond the limits approved by Congress.In 2001, in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, the Supreme...