Thousands of the largest water polluters in the United States are outside the Clean Water Acts reach because the Supreme Court has left uncertain which waterways are protected by that law.

As a result, some businesses are declaring that the law no longer applies to them. And pollution rates are rising. About 117 million Americans get their drinking water from sources fed by waters that are vulnerable to exclusion from the Clean Water Act.

See: New York Times, February 28, 2010. "Rulings Restrict Clean Water Act, Foiling E.P.A. | Mixplex

"We are, in essence, shutting down our Clean Water programs in some states.  This is a huge step backward.  When companies figure out the cops can't operate, they start remembering how much cheaper it is to just dump stuff in a nearby creek."

--Douglas F. Mundrick, EPA Lawyer.