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NR&E Winter 2010 31 In the nearly forty years since its enactment, the Clean Water Act (CWA or Act) has been the primary tool used to protect water resources in the United States. Federal Water Pollution Control Act 33 U.S.C. § 1251 et seq. Aimed at preventing pollution rather than cleaning it up, it promised a fairly straightforward recipe for restoring the nation’s water quality. In general, the CWA makes it against the law to pollute, fill, or degrade waterbodies. Ever pragmatic, however...