Sen. Russ Feingold (D-Wis.) and Reps. James Oberstar (D-Minn.) and Vernon Ehlers (R-Mich.) plan to introduce legislation that would extend federal Clean Water Act jurisdiction to all waters of the United States, including geographically isolated wetlands. The Clean Water Authority Restoration Act would adopt the regulatory definition of "waters of the United States" in EPA and Army Corps of Engineers rules and would delete the word "navigable" from the Clean Water Act.

According to the bill's sponsors, the legislation was driven by the Supreme Court's rulings in Solid Waste Agency of Northern Cook County v. Corps of Engineers, 531 U.S. 159 (2001) and Rapanos v. United States, No. 04-1034, 62 ERC 1481 (2006), which have caused confusion among regulators and the regulated community as to the scope of federal Clean Water Act authority.