Back to the Past: Using the Historic Use Test to Protect Wetlands

Under the Rivers and Harbors Act of 1899, the federal government has jurisdiction over the nation’s waterways used for interstate commerce. The historic use test, which establishes whether a waterway was used for purposes of interstate commerce, offers another approach to protect wetlands that may no longer be covered under the Clean Water Act. The authors discuss the development of the historic use test and how it is being applied today.