Defense of Environment and Property Act of 2026

The federal government's authority over navigable waters derives from the Commerce Clause (Article I, Section 8, Clause 3), which grants Congress power to regulate commerce among the several states. The term 'navigable waters' has been construed to include waters that are navigable-in-fact or that form part of a continuous interstate waterway. However, the proposed clarification must not extend federal jurisdiction to purely intrastate, non-navigable waters that have no substantial effect on interstate commerce, as that would exceed the enumerated powers and upset the balance between federal a…

The Congress has authority under the Commerce Clause to regulate waters that are actually navigable and used in interstate commerce. However, extending federal jurisdiction to all waters, including isolated or intrastate ones, would exceed the limited powers delegated by the states. The Tenth Amendment reserves to the states those powers not expressly granted, and the Fourth Amendment protects against unreasonable searches and seizures that could arise from expansive federal regulation of private lands. Therefore, I would find this bill constitutional only if the definition of 'navigable water…

This bill seeks to amend the Federal Water Pollution Control Act by clarifying the definition of 'navigable waters.' Under the Constitution, Congress possesses the power to regulate commerce among the several states, which includes the authority over navigable waters used in interstate commerce. However, the Tenth Amendment reserves to the states or the people all powers not delegated to the United States. The definition of 'navigable waters' must be strictly confined to those waters that are actually navigable and affect interstate commerce, as the commerce power is not a general police power…

This bill seeks to amend the Federal Water Pollution Control Act by clarifying the definition of 'navigable waters.' Under the Constitution, Congress possesses the power to regulate commerce among the several states, which includes the authority to govern navigable waters used in interstate commerce, as established in Gibbons v. Ogden. However, the Constitution does not grant Congress an unlimited police power over all waters within a state. The definition must be confined to waters that are actually navigable or that bear a substantial relation to interstate commerce, consistent with the nece…