The Spanish-American War in 1898 might seem like an unusual starting point for a discussion about environmental policy. However, it played a crucial role in shaping modern environmental law.
Just months prior to the Spanish-American War, the U.S. deployed the USS Maine battleship on a “friendly” visit to Havana Harbor to protect American interests during the Cuban War of Independence. On February 15, 1898, the USS Maine mysteriously exploded, killing all 266 onboard. The combination of limited forensics, political pressure and an already tense standoff with Spain, the escalation to war was practically a foregone conclusion. The sinking of the USS Maine was a rallying cry, "Remember the Maine! To hell with Spain!" that sparked the first attack in Manila Bay.
In the midst of war, the U.S. government became acutely aware that the nation's waterways were subject to inconsistent practices and standards, making navigation hazardous and unreliable. Realizing the importance of maintaining safe and navigable waterways lead to the passage of the Rivers and Harbors Act of 1899. Thus, marking the beginning of federal regulation of the nation's water resources.
Section 10 of the Rivers and Harbors Act, as we see it today, requires authorization for obstructions, alterations and deposits within Navigable Waters, in other words, waters used for interstate or foreign commerce.
When rivers like the Cuyahoga started catching fire from industrial waste, the Clean Water Act (CWA) was enacted in the 1970s to address water pollution and put a stop to burning rivers. As the U.S. Army Corps of Engineers was already overseeing Section 10, the decision to incorporate the federal side of CWA oversight was naturally positioned for the Corps. That is why Department of Defense has jurisdiction over your waterway permits to this day.
127 years post Spanish American War, the regulatory environment has changed quite a lot. Navigating the complexities of waterway permitting and environmental regulations can be a daunting task for anyone, as definitions and interpretations change with each incoming President. This is where Etica Group comes in for you. With our knowledge and experience, we can help you navigate the intricacies of Section 404 permitting, its Section 401 counterpart and ensure compliance with all environmental regulations.
The Spanish-American War and the resulting Rivers and Harbors Act may seem distant from our modern regulatory environment, but they laid the foundation for the framework by which we deliver projects to our clients. And when it comes to securing the necessary permits and ensuring compliance, Etica Group is well-equipped to guide you through the process. Besides, who else do you know with the passion for environmental processes to understand and know the 127-year historical evolution of how our rules and regulations became today's regulatory environment?