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Rivers and Harbors Act of 1899
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United States federal law
The Rivers and Harbors Appropriation Act of 1899 is the oldest federal environmental law in the United States.[1] The Act makes it a misdemeanor to discharge refuse matter of any kind into the navigable waters, or tributaries thereof, of the United States without a permit; this specific provision is known as the Refuse Act. The Act also makes it a misdemeanor to excavate, fill, or alter the course, condition, or capacity of any port, harbor, channel, or other areas within the reach of the Act without a permit. The Act also made it illegal to dam navigable streams without a license (or permit) from Congress. This provision was included for the purposes of hydroelectric generation, at a time when the electric utility industry was expanding rapidly.[2]
Although many activities covered by the Act are regulated under the Clean Water Act, the 1899 Act retains independent vitality. The Act is administered by the United States Army Corps of Engineers. However, authority to administer Section 9 of the Act, applying to bridges and causeways in, over or on navigable waters of the U.S. (superseded by the General Bridge Act of 1946, as amended), was removed from the Corps of Engineers and redelegated to the U.S. Coast Guard under the provisions of the Department of Transportation Act of 1966. The Corps owns and operates many bridges and may not regulate themselves due to conflict of interest.[3]
The Jacksonville District of the Army Corps of Engineers has jurisdiction over the waters of the Caribbean Sea, the Gulf of Mexico and the Atlantic Ocean.[4]
- ^ United States. Rivers and Harbors Appropriation Act of 1899. March 3, 1899, Ch. 425, Sec. 9, 30 Stat. 1151. 33 U.S.C. § 401 et seq.
- ^ McFarland, Charles K. (November 1966). "The Federal Government and Water Power, 1901-1913: A Legislative Study in the Nascence of Regulation". Land Economics. 42 (4): 441–452. doi:10.2307/3145402. JSTOR 3145402.
- ^ United States. Department of Transportation Act. Pub. L. 89–670 Approved October 15, 1966.
- ^ "Jacksonville District Navigable Waters Lists" (PDF). Jacksonville District. U.S. Army Corps of Engineers. 2014. Archived (PDF) from the original on 2017-01-26.
- Franz, Andrew (Summer 2010). "Crimes Against Water: The Rivers and Harbors Act of 1899". Tulane Environmental Law Journal. 23 (2): 255–278. JSTOR 43294085.
United States environmental law Supreme Court
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CAA cases
RCRA cases
ESA cases
CWA cases
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Major
federal legislation,
treaties,
and lower court
decisions
- Yellowstone National Park Protection Act (1872)
- Forest Service Organic Administration Act (1897)
- Rivers and Harbors Act (1899)
- Lacey Act (1900)
- Weeks Act (1911)
- North Pacific Fur Seal Convention of 1911 (1911)
- Weeks–McLean Act (1913)
- Migratory Bird Treaty Act (1918)
- Clarke–McNary Act (1924)
- Oil Pollution Act (1924)
- McSweeney-McNary Act (1928)
- Fish and Wildlife Coordination Act (1934)
- Watershed Protection and Flood Prevention Act (1954)
- Air Pollution Control Act (1955)
- Fish and Wildlife Act (1956)
- Oil Pollution Act (1961)
- Clean Air Act (1963, 1970, 1977, 1990)
- Scenic Hudson Preservation Conference v. Federal Power Commission (2nd Cir. Court of Appeals, 1965)
- Solid Waste Disposal Act (1965)
- Endangered Species Act (1969)
- Environmental Quality Improvement Act (1970)
- National Environmental Policy Act (1970)
- Clean Water Act (1972, 1977, 1987, 2014)
- Coastal Zone Management Act (1972)
- Federal Insecticide, Fungicide, and Rodenticide Act (1972)
- Marine Protection, Research, and Sanctuaries Act (1972)
- Noise Control Act (1972)
- Endangered Species Act (1973)
- Oil Pollution Act (1973)
- Safe Drinking Water Act (1974, 1986, 1996)
- Water Resources Development Act (1974, 1976, 1986, 1988, 1990, 1992, 1996, 1999, 2000, 2007, 2014, 2016, 2022)
- Federal Noxious Weed Act (1975)
- Hazardous Materials Transportation Act (1975)
- Magnuson–Stevens Act (1976)
- Resource Conservation and Recovery Act (1976)
- Toxic Substances Control Act (1976)
- Surface Mining Control and Reclamation Act (1977)
- Uranium Mill Tailings Radiation Control Act (1978)
- CERCLA (Superfund) (1980)
- Emergency Planning and Community Right-to-Know Act (1986)
- Emergency Wetlands Resources Act (1986)
- Global Change Research Act (1990)
- National Environmental Education Act (1990)
- Oil Pollution Act (1990)
- Alien Species Prevention and Enforcement Act of 1992
- Food Quality Protection Act (1996)
- Energy Policy Act (2005)
- Energy Independence and Security Act (2007)
- Coalition for Responsible Regulation, Inc. v. EPA (D.C. Cir. Court of Appeals, 2012)
- Lautenberg Chemical Safety Act (2016)
- America's Water Infrastructure Act (2018)
- Infrastructure Investment and Jobs Act (2021)
- Louisiana v. Biden (5th Cir. Court of Appeals, 2022)
- CHIPS and Science Act (2022)
- Inflation Reduction Act (2022)
Federal agencies
Regulations
and concepts
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