Policy Backgrounder: Clean Water Act Decision Signals Sharp Regulatory Restraint
Our Privacy Policy has been updated! The Conference Board uses cookies to improve our website, enhance your experience, and deliver relevant messages and offers about our products. Detailed information on the use of cookies on this site is provided in our cookie policy. For more information on how The Conference Board collects and uses personal data, please visit our privacy policy. By continuing to use this Site or by clicking "ACCEPT", you acknowledge our privacy policy and consent to the use of cookies. 
Our Privacy Policy has been updated! Detailed information on the use of cookies on this site is provided in our cookie policy and our privacy policy. 
TCB Tourch
Loading...
  •  
    • NORTH AMERICA
    • EUROPE
    • ASIA

  • 2

    Close
    • Insights
        • Insights
        • Explore by Center
          • Explore by Center

          • CED
            Committee for Economic Development

          • Economy, Strategy & Finance

          • Governance & Sustainability

          • Human Capital

          • Marketing & Communications
        • Explore by Content Type
          • Explore by Content Type

          • Reports

          • Upcoming Webcasts

          • On Demand Webcasts

          • Podcasts

          • Charts & Infographics

          • Explore All Research

          • Economic Indicators
        • Trending Topics
          • Trending Topics

          • Artificial Intelligence (AI)

          • Navigating Washington

          • Geopolitics

          • US Economic Forecast

          • Sustainability

          • Future of Work

          • Explore All Trending Topics

    • Events
        • Events
        • Upcoming Events
          • Upcoming Events

          • CLO Governance Forum

          • Reimagine Asia 2026: People & Business

          • Executive Compensation & Talent: Navigating New Expectations, New Metrics, New Models

          • The Annual Employee Health Care Conference – Chicago

          • People First: Elevating Talent for the Future

          • 2026 M&A Summit - San Francisco

          • Explore All Upcoming Events

          • Speaker Bureau

          • Sponsor a Program

        • Member-Exclusive Programs
          • Member-Exclusive Programs

          • Center Briefings

          • Expert Briefings

          • Experts Live

          • Roundtables

          • Working Groups

          • View All Member-Exclusive Programs

          • View All Upcoming Events, Programs, and Webcasts

    • Data
        • Data

        • All Data

        • Consumer Confidence Index®

        • Data Central

        • TCB Benchmarking

        • Recession & Growth Trackers

        • Global Economic Outlook

        • Leading Economic Indicators

        • Help Wanted OnLine

        • Labor Markets

        • Measure of CEO Confidence

        • CMO+CCO Meter Dashboard

    • Centers
        • Centers
        • Our Centers
          • Our Centers

          • Committee for Economic Development

          • Economy, Strategy & Finance

          • Governance & Sustainability

          • Human Capital

          • Marketing & Communications
    • Councils
        • Councils
        • Find a Council
          • Find a Council

          • Economy, Strategy & Finance

          • Governance & Sustainability

          • Human Capital

          • Marketing & Communications

          • Explore All Councils

        • Council Membership
          • Council Membership

          • What is a Council?

          • Benefits of Council Membership

          • Apply to a Council

    • Membership
        • Membership
        • Types of Membership
          • Types of Membership

          • Membership at a Glance

          • Executive

          • C-Suite

          • Leadership Team

          • Council

          • Higher Education

          • Insights

        • Already a Member?
          • Already a Member?

          • Check if Your Organization is a Member

          • Sign In to myTCB®

          • Executive Communities

          • Member-Exclusive Programs

          • Refer a Leader - Earn a Reward

    • About Us
        • About Us
        • Who We Are
          • Who We Are

          • About Us

          • In the News

          • Press Releases

          • Our History

          • Support Our Work

          • Locations

          • Contact Us

        • Our Community
          • Our Community

          • Our Leadership

          • Our Experts

          • TCB Speaker Bureau

          • Trustees

          • Voting Members

          • Global Counsellors

          • Careers

          • This Week @ TCB

          • Continuing Education Credits (CEUs)

    • Careers
    • This Week @ TCB
    • Sign In to myTCB®
      • NORTH AMERICA
      • EUROPE
      • ASIA
    • Insights
      • Insights
      • Explore by Center
        • Explore by Center

        • CED
          Committee for Economic Development

        • Economy, Strategy & Finance

        • Governance & Sustainability

        • Human Capital

        • Marketing & Communications

      • Explore by Content Type
        • Explore by Content Type

        • Reports

        • Upcoming Webcasts

        • On Demand Webcasts

        • Podcasts

        • Charts & Infographics

        • Explore All Research

        • Economic Indicators
      • Trending Topics
        • Trending Topics

        • Artificial Intelligence (AI)

        • Navigating Washington

        • Geopolitics

        • US Economic Forecast

        • Sustainability

        • Future of Work

        • Explore All Trending Topics

    • Events
      • Events
      • Upcoming Events
        • Upcoming Events

        • CLO Governance Forum

        • Reimagine Asia 2026: People & Business

        • Executive Compensation & Talent: Navigating New Expectations, New Metrics, New Models

        • The Annual Employee Health Care Conference – Chicago

        • People First: Elevating Talent for the Future

        • 2026 M&A Summit - San Francisco

        • Explore All Upcoming Events

        • TCB Speaker Bureau

        • Sponsor a Program

      • Member-Exclusive Programs
        • Member-Exclusive Programs

        • Center Briefings

        • Expert Briefings

        • Experts Live

        • Roundtables

        • Working Groups

        • View All Member-Exclusive Programs

        • View All Upcoming Events, Programs, and Webcasts

    • Data
      • Data

      • All Data

      • Consumer Confidence Index®

      • Data Central

      • TCB Benchmarking

      • Recession & Growth Trackers

      • Global Economic Outlook

      • Leading Economic Indicators

      • Help Wanted OnLine

      • Labor Markets

      • Measure of CEO Confidence

      • CMO+CCO Meter Dashboard
    • Centers
      • Centers
      • Our Centers
        • Our Centers

        • Committee for Economic Development

        • Economy, Strategy & Finance

        • Governance & Sustainability

        • Human Capital

        • Marketing & Communications

    • Councils
      • Councils
      • Find a Council
        • Find a Council

        • Economy, Strategy & Finance

        • Governance & Sustainability

        • Human Capital

        • Marketing & Communications

        • Explore All Councils

      • Council Membership
        • Council Membership

        • Benefits of Council Membership

        • Apply to a Council

        • Our Program Directors

        • Refer a Leader - Earn a Reward

    • Membership
      • Membership
      • Types of Membership
        • Types of Membership

        • Membership at a Glance

        • Executive

        • C-Suite

        • Leadership Team

        • Council

        • Higher Education

        • Insights

      • Already a Member?
        • Already a Member?

        • Check if Your Organization is a Member

        • Sign In to myTCB®

        • Executive Communities

        • Member-Exclusive Programs

        • Refer a Leader - Earn a Reward

    • About Us
      • About Us
      • Who We Are
        • Who We Are

        • About Us

        • In the News

        • Press Releases

        • This Week @ TCB

        • Our History

        • Support Our Work

        • Locations

        • Contact Us

      • Our Community
        • Our Community

        • Our Leadership

        • Our Experts

        • TCB Speaker Bureau

        • Trustees

        • Voting Members

        • Global Counsellors

        • Careers

        • This Week @ TCB

        • Continuing Education Credits (CEUs)

    • Careers
    • Sign In to myTCB®
    • Download TCB Insights App
  • Insights
    Insights

    Our research and analysis have helped the world's leading companies navigate challenges and seize opportunities for over 100 years.

    Economic Indicators

    • Explore by Center
    • CED
      Committee for Economic Development
    • Economy, Strategy & Finance
    • Governance & Sustainability
    • Human Capital
    • Marketing & Communications
    • Explore by Content Type
    • Reports
    • Upcoming Webcasts
    • On Demand Webcasts
    • Podcasts
    • Charts & Infographics
    • Trending Topics
    • Artificial Intelligence (AI)
    • Navigating Washington
    • Geopolitics
    • US Economic Forecast
    • Sustainability
    • Future of Work
    • Explore All Trending Topics
  • Events
    Events

    Our in-person and virtual events offer unmatched opportunities for professional development, featuring top experts and practitioners.

    View All Upcoming Events, Programs, and Webcasts

    TCB Speaker Bureau

    Sponsor a Program

    • Upcoming Events

      • CLO Governance Forum

      September 10, 2026

      Reimagine Asia 2026: People & Business

      September 10, 2026

      Executive Compensation & Talent: Navigating New Expectations, New Metrics, New Models

      September 24 - 25, 2026

    •  

      • The Annual Employee Health Care Conference – Chicago

      September 24 - 25, 2026

      People First: Elevating Talent for the Future

      October 06 - 07, 2026

      2026 M&A Summit - San Francisco

      October 14, 2026

    • Member-Exclusive Programs
    • Center Briefings
    • Expert Briefings
    • Experts Live
    • Roundtables
    • Working Groups
    • View All Member-Exclusive Programs
    • Explore by Type
    • Events
    • Webcasts
    • Podcasts
    • Member-Exclusive Programs
    • Center Briefings
    • Expert Briefings
    • Experts Live
    • Roundtables
    • Working Groups
    • View All Member-Exclusive Programs
  • Data
    Corporate Disclosure Data

    TCB Benchmarking

    Real-time data visualizations to benchmark your governance, compensation, environmental, human capital management (HCM) and social practices against US public companies.

    Economic Data

    All Data

    Consumer Confidence Index®

    Data Central

    One-stop, member-exclusive portal for the entire suite of indicators

    Labor Markets

    Measure of CEO Confidence

     

    Recession & Growth Trackers

    Current & future state of 16 economies

    Global Economic Outlook

    Growth outlooks for 77 economies

    Leading Economic Indicators

    State of the business cycle for 12 global economies across Asia and Europe

    Help Wanted OnLine

    Status of the US job market

    Other Featured Data

    CMO+CCO Meter Dashboard

  • Centers
    Centers

    Centers offer access to world-class experts, research, events, and senior executive communities.

    Our Centers
    • Committee for Economic Development
    • Economy, Strategy & Finance
    • Governance & Sustainability
    • Human Capital
    • Marketing & Communications
  • Councils
    Councils

    Councils are invitation-only, peer-led communities of senior executives that come together to exchange knowledge, accelerate career development, and advance their function.

    Find a Council
    • Economy, Strategy & Finance
    • Governance & Sustainability
    • Human Capital
    • Marketing & Communications
    • Explore All Councils
    Council Membership
    • Benefits of Council Membership
    • Apply to a Council
    • Our Program Directors
    • Refer a Leader - Earn a Reward
  • Membership
    Membership

    Membership in The Conference Board arms top executives and their teams with an arsenal of knowledge, networks, and expertise that's unmatched in scope and depth.

    • Types of Membership
    • Membership at a Glance
    • Executive
    • C-Suite
    • Leadership Team
    • Council
    • Higher Education
    • Insights
    • Already a Member?
    • Check if Your Organization is a Member
    • Sign in to myTCB®
    • Executive Communities
    • Member-Exclusive Programs
    • Refer a Leader - Earn a Reward
  • About Us
    About Us

    The Conference Board is the global, nonprofit think tank and business membership organization that delivers Trusted Insights for What's Ahead®. For over 100 years, our cutting-edge research, data, events and executive networks have helped the world's leading companies understand the present and shape the future.

    • Who We Are
    • About Us
    • In the News
    • Press Releases
    • Our History
    • Support Our Work
    • Locations
    • Contact Us
    • Our Community
    • Our Leadership
    • Our Experts
    • TCB Speaker Bureau
    • Trustees
    • Voting Members
    • Careers
    • This Week @ TCB
    • Continuing Education Credits (CEUs)
Check if You're a Member
Create Account
Forgot Your Password?

Members of The Conference Board get exclusive access to the full range of products and services that deliver Trusted Insights for What's Ahead ® including webcasts, publications, data and analysis, plus discounts to conferences and events.

Geopolitics Hub

Clean Water Act Decision Signals Sharp Regulatory Restraint

02 June 2023 / Article

Download Article
  • Email
  • Linkedin
  • Facebook
  • X
  • Copy Link

Last Thursday, the US Supreme Court once again reduced the Environmental Protection Agency’s powers to issue regulations under environmental laws, in this case the Clean Water Act. The Court ruled 5-4 that EPA had exceeded its powers to determine the meaning of the phrase “waters of the United States” in attempting to count most wetlands under that definition.

  • The Court overturned an earlier decision stating that wetlands could be regulated if they have a “significant nexus” to waters such as rivers and lakes that clearly fall under the Act.
  • Under the Court’s new standard, the Clean Water Act will apply only to wetlands with a “continuous surface connection” to regulated waters so as to be “as a practical matter indistinguishable” from them.
  • This case, along with last year’s decision in West Virginia v. EPA, could be a harbinger of a broader effort to restrict how agencies interpret Federal statutes.

Authors

Dr. Lori Esposito Murray

Dr. Lori Esposito Murray

Global Affairs Consultant

Read BioDr. Lori Esposito Murray

John Gardner

John Gardner

Head of Public Policy & Research, CED

Read BioJohn Gardner

Great News!

You already have an account with The Conference Board.

Please try to login in with your email or click here if you have forgotten your password.

Create An Account



 

By Clicking 'Create Account', You Agree To Our Terms Of Use

Create Account
  • Download
  • Download Article
search Icon
Newest First
search Icon
search Icon
filterMobImage
Optional Semiannual Reporting for Public Companies
Optional Semiannual Reporting for Public Companies

May 28, 2026
US Spring Plantings Respond to Energy and Fertilizer Costs
US Spring Plantings Respond to Energy and Fertilizer Costs

May 28, 2026
The Department of Labor and AI Data Sharing
The Department of Labor and AI Data Sharing

May 21, 2026
US-China Summit—and the Future of US Policy on Taiwan
US-China Summit—and the Future of US Policy on Taiwan

May 20, 2026
Congress Struggles with DHS Funding and Reconciliation
Congress Struggles with DHS Funding and Reconciliation

May 14, 2026
The Tariff Refund Process
The Tariff Refund Process

May 13, 2026
Court of International Trade Rules Against The 10% Global Tariff
Court of International Trade Rules Against The 10% Global Tariff

May 08, 2026
OCC Proposes Stablecoin Regulations
OCC Proposes Stablecoin Regulations

April 15, 2026
White House Releases FY2027 Budget Request
White House Releases FY2027 Budget Request

April 10, 2026
View Less View More

Publications

North American Trade at a Crossroads

North American Trade at a Crossroads

June 10, 2026 | Article

Recession & Growth Trackers

Recession & Growth Trackers

May 28, 2026 | Database

Global LEI Report

Global LEI Report

May 28, 2026 | Report

The Conference Board Economic Forecast for the Euro Area Economy

The Conference Board Economic Forecast for the Euro Area Economy

May 22, 2026 | Article

US-China Summit—and the Future of US Policy on Taiwan

US-China Summit—and the Future of US Policy on Taiwan

May 20, 2026 | Article

Global Forecast Update

Global Forecast Update

May 14, 2026 | Article

View Less View More

On Demand Webcasts, Podcasts and Videos

USMCA 2.0—Trade Uncertainty in North America

June 10, 2026

The Iran Conflict: Risks for the Global Economy

April 15, 2026

C-Suite Perspectives

China for China: How MNCs Are Rewriting Their Playbooks

March 23, 2026

Geopolitics and Geoeconomics in 2026—What Lies Ahead for Business?

March 19, 2026

C-Suite Perspectives

Ukraine: Are We Headed for a Frozen Conflict or Bigger War?

February 23, 2026

CEO Roundtable: Policy Priorities for 2026

December 11, 2025

View Less View More

Press Releases / In the News

PRESS RELEASE

CEO Confidence Tumbled in Q2 2026

May 28, 2026

PRESS RELEASE

CED Provides Plan to Reach Net Zero While Ensuring Economic Growth

May 16, 2024

PRESS RELEASE

US CEOs Rank National Debt as the Top Geopolitics Threat

January 11, 2024

IN THE NEWS

A critical-moment-to-evaluate-US-China-ties-Raimondo's Trip

August 29, 2023

PRESS RELEASE

CEOs Can View Operational Resilience as an Advantage

August 16, 2023

PRESS RELEASE

CED Maps Out 2023 Policy Priorities and Solutions

January 18, 2023

View Less View More
  • Tags
  • Geopolitics Hub
  • Climate, Energy & Nature
  • Smart Regulation
  • Sustainability
EVENT PORTAL

Forgot Password | Resend account confirmation

Conference Board Sample Web Chat
chatbot-Icon
TCB Logo
chatbot-Icon
C-Suite Insights - Sign up to receive weekly C-Suite Insights newsletters, updates, surveys, and other relevant email communications. Unsubscribe any time
WHO WE ARE
  • About Us
  • Our History
  • Our Experts
  • Our Leadership
  • In the News
  • Press Releases
  • Locations
EXPLORE
  • Membership
  • Centers
  • Councils
  • Reports
  • Events
 
  • Webcasts
  • Podcasts
  • Data
  • Ask TCB
  • This Week @ TCB
CONTACT US
  • North America
    +1 212 759 0900
    customer.service@tcb.org
  • EMEA
    +32 2 675 5405
    brussels@tcb.org
  • Asia
    Hong Kong | +852 2804 1000
    Singapore | +65 8298 3403
    service.ap@tcb.org
CAREERS
  • See Open Positions
Terms Of Use | Privacy Policy | Event Code of Conduct | Trademarks
© 2026 The Conference Board Inc. All rights reserved. The Conference Board and torch logo are registered trademarks of The Conference Board.
The use of all The Conference Board data and materials is subject to the Terms of Use. Reprint requests are reviewed individually and may be subject to additional fees.The Conference Board reserves the right to deny any request.
Terms of Use | Privacy Policy | Event Code of Conduct | Trademarks
© 2026 The Conference Board Inc. All rights reserved. The Conference Board and torch logo are registered trademarks of The Conference Board.
The use of all data from The Conference Board data and materials is subject to the Terms of Use. Reprint requests are reviewed individually and may be subject to additional fees.The Conference Board reserves the right to deny any request.

Thank you for signing up. You will now receive CEO Insights for What's Ahead every Wednesday morning. You can unsubscribe at any time or manage your preferences to receive more content from The Conference Board.

Important: Your Membership subscription payment is past due. We have not yet received your Membership payment. Please click the button below to pay your invoice.

Pay Invoice

Announcing The Conference Board AI Virtual Conference Series

Explore the Impact of AI on Your Business

Members receive complimentary registration - Learn more >>

SORT BY

  • Newest First
  • Oldest First