Those closer to environmental problems and impacted by them know these issues better and care about them more than DC bureaucrats pushing one-size-fits-all policies. This vision is in line with what Congress intended when it passed the Clean Air Act (CAA) and Clean Water Act (CWA). Both statutes intended for states to play the primary role on air and water quality. Over the years though, the EPA has usurped state and local power and ignored Congressional intent.
The United States has some of the best air quality in the world, something that sometimes get lost given all of the scare tactics that are disseminated in the media. CEI has been a leader in pushing back against such alarmism, as well as the junk science and regulatory games that the EPA plays to improperly justify costly air quality regulations.
CEI believes that any air quality standards should be informed by sound science and do more good than harm. This is hardly controversial, but it remains an uphill battle with an often out of control EPA.
When it comes to the CWA, there has long been regulatory uncertainty. For decades, the EPA and the U.S. Army Corps of Engineers have continued to overreach on what waters are even regulated under the Clean Water Act. In 2023, the U.S. Supreme Court finally provided some clarification on this key issue in Sackett v. EPA, but the Biden administration is not implementing the opinion properly.
CEI has extensive CWA expertise, especially when it comes to the “Waters of the United States” or WOTUS issue, and is using that expertise to ensure that the federal government follows the law, respects the principles of federalism embedded in the CWA, and provides clear and workable definitions for property owners. This is just part of our CWA work, which also covers issues such as state abuse of the Section 401 certification process and EPA retroactive vetoes of Section 404 permits.
Featured Posts

Blog
Time to shut down IRIS—for good
The Environmental Protection Agency (EPA) is reportedly preparing to eliminate its Office of Research and Development, which houses the controversial Integrated Risk Information System…

News Release
Supreme Court declines to issue stays against two EPA rules
Earlier today, the Supreme Court declined to issue stays against the Environmental Protection Agency’s (EPA) methane and mercury and air toxic standards (MATS) rules. Director…

Study
Corn Whiskey Clarity
Over the past two decades, Iowa has implemented several reforms aimed at enhancing the efficiency of its environmental permitting procedures. This report focuses on two…
Search Posts
Study
Kyoto Lite: Credits for Early Action to Reduce CO2
(REPRINTED FROM THE JUDICIAL/LEGISLATIVE WATCH REPORT OF THE NATIONAL LEGAL CENTER FOR THE PUBLIC INTEREST) An old joke tells of a young…
Study
Regulating Greenhouse Gases: Will EPA Take a Dive?
The International Center for Technology Assessment (ICTA) wants the Environmental Protection Agency (EPA) to regulate carbon dioxide. This fall, ICTA, an anti-technology group…
Study
Earth Report 2000
Earth Report 2000: Revisiting the True State of the Planet Date: 1999 Edited by: Ronald Bailey Published by: McGraw-Hill Earth Report 2000 is a…
Study
First Do No Harm: EPA’s New Rules Will Worsen Smog
On May 13, 1999, the Environmental Protection Agency proposed new rules tightening motor vehicle emissions, including those from light trucks, a category of…
Study
Running On MTBE: Closing The Pumps On The Oxygen Content Requirement
Debate is raging in Congress and in many state legislatures regarding the federal Clean Air Act’s reformulated gasoline (RFG) program, which requires the addition…
News Release
Institute Blasts Clinton Proposal For Costly New Rules For SUVs And Minivans: May Worsen Air Pollution
Washington, DC, December 21, 1999 – President Clinton today finalized new Environmental Protection Agency rules for motor vehicles and gasoline. These so-called Tier 2/sulfur…
Citation
Down With the Potty Police
Study
The Data Access Law: Promoting Accountability and Privacy
With the passage of the Freedom of Information Act (FOIA) in 1966, our society decided to promote government transparency: what is done in government’s name…
Products
Court Invalidates EPA Rules
With a pro-regulation White House and a timid Republican Congress, the judicial branch currently stands as the only real roadblock to federal regulatory excesses.
Op-Eds
Politically Incorrect Washing Machines
Federal government officials think your clothes washer is contributing to global warming—and they are going to do something about it. Over the past few years,…
Study
The Data Access Law: Decreasing Secret Science While Increasing Accountability
As the federal bureaucracy grows and Congress delegates more of its power to the agencies, the need for agency accountability increases. In October…
Study
Clean Air, Congress and the Constitution: Why The Delegation Ruling Was Correct
View Full Document as PDF On May 14, 1999, in American Trucking Associations v. United States Environmental Protection Agency, the U.S. Court…
Study
The Clean Air Act’s Federal Terrorist Assistance Program
View Full Document as PDF In recent years the United States has experienced the horrors of the terrorist attack of a…
Study
Clearing the Air on EPA’s New Emissions Proposal
Care to spend $2 billion or more a year on a health measure with no detectable health benefits? The Environmental Protection Agency (EPA)…
News Release
CEI Attacks New EPA Auto Emissions Proposal: A Black Hole, Sucking In Money While Emitting Zero Health Benefits
Washington, DC, April 30, 1999 – The Competitive Enterprise Institute today denounced the Environmental Protection Agency’s (EPA) forthcoming auto emissions proposal as an incredibly…
Study
The First Family’s Asthma Problems
View Full Document as PDF Both Bill and Hillary Clinton are taking actions that will affect the nation’s six million asthmatic…
Study
Save Methyl Bromide
A battle is raging in Washington between farmers and environmental regulators. At issue is the chemical methyl bromide, and the outcome could affect…
Op-Eds
Challenging DC Over Potty Politics
Appeared in The Detroit Free Press, The Akron Beacon Journal, The Orange County Register, The Sacramento Bee, and Lima News Of all the bills now…
Study
EPA’s Asthma Miasma
Is the Environmental Protection Agency a friend or enemy of asthmatic children? It all depends on which issue the agency is peddling.
Study
The Common Law Approach to Pollution Prevention
Full Document Available in PDF The Cuyahoga River may not catch fire…
Products
Air Rules Challenged In Court
The Congressional leadership is unwilling to challenge the Environmental Protection Agency’s new air quality standards. But this does not mean the standards will last. As…
Products
Asthma, Roaches And Regulations
They are repulsive and annoying, multiply rapidly, scurry off in unexpected directions, and harm human health. Cockroaches and bad federal regulations have more in common…
Products
EPA’s Hazy Air Rules
In the first major environmental effort of the Clinton Administration's second term, the Environmental Protection Agency proposed new rules tightening the nation's standards for two…
News Release
Institute Clears the Air on EPA Regulations
WASHINGTON, DC, March 12, 1997 The Environmental Protection Agency's proposals to tighten air quality regulations are likely to do more harm than good, according…
Study
Title V Of The Clean Air Act: Will America’s Industrial Future be Permitted?
Full Document Available in PDF…
Op-Eds
Making the Polluters Pay
Environmentalists often call for a world with zero pollution. The response from industry and professional economists is disbelief. Who is right? That depends…
Study
The True State Of The Planet
The True State of the Planet: Ten of the World’s Premier Environmental Researchers in a Major Challenge to the Environmental Movement Date: 1995 Edited…
Op-Eds
The Market and Nature
(Originally appeared in The Freeman, September 1993) Many environmentalists are dissatisfied with the environmental record of free economies. Capitalism, it is claimed, is…
Study
The Clean Fuels Myth and the Market Alternative: Mobile Sources Emissions Charges
Full Document Available in PDF…
Staff & Scholars

Daren Bakst
Director of the Center for Energy and Environment and Senior Fellow
- Energy and Environment
- Lands and Wildlife
- Property Rights

Sam Kazman
Counsel Emeritus
- Antitrust
- Automobiles and Roads
- Banking and Finance

Marlo Lewis, Jr.
Senior Fellow
- Climate
- Energy
- Energy and Environment

Ben Lieberman
Senior Fellow
- Climate
- Consumer Freedom
- Energy

Angela Logomasini
Adjunct Fellow
- Chemical Risk
- Consumer Freedom
- Energy and Environment