United States v. Ashland Oil and Transportation Co., a Subsidiary of Ashland Oil Co., Inc.

EDWARDS, Circuit Judge.

This case poses three questions of vital importance to protection of the water resources of these United States:

1) Did Congress in adopting the Federal Water Pollution Control Act Amendments of 1972 1 intend to control both discharges of pollutants directly into navigable waters and discharges of pollutants into nonnavigable tributaries which flowed into navigable rivers? We answer this question “yes.”

2) Does Congress have constitutional authority under its interstate commerce powers to prohibit discharge of pollutants into nonnavigable tributaries of navigable streams?…