Lesson plan Grade 11 Social Studies & Civics

The 1899 Refuse Act and the Search for Federal Pollution Power

A grade 11 US history lesson tracing how an 1899 navigation statute became a pollution enforcement tool and comparing five instruments of policy change.

Objectives

  1. Students will explain how an 1899 navigation statute came to be used against industrial water pollution.
  2. Students will compare instruments of policy change on speed, reach, durability, and who may use them.
  3. Students will evaluate why Congress replaced the Refuse Act permit program in 1972.

Vocabulary

Key words: navigable waters, refuse, informer provision, executive order, permit program

Teacher overview

Before 1972 the federal government had no comprehensive water pollution statute, so lawyers looking for federal authority reached back to a navigation law written in 1899. Section 13 of the Rivers and Harbors Act, later called the Refuse Act, barred the discharge of refuse into navigable waters without a permit from the Army, and it carried a provision paying an informer half of any fine a court imposed. This lesson follows that statute from a shipping-channel rule to an enforcement tool and then to its replacement. The misconception to address early is the common student belief that the Clean Water Act created federal authority over water pollution out of nothing; the authority existed for seventy years in a statute written for another purpose, and the argument in 1972 was about whether that authority could be made to work.

Procedure

Hook (5 min): Write one sentence on the board without its date: it is unlawful to throw or deposit refuse of any kind into a navigable water without a permit. Ask students to guess the year it was written and to name the problem they think it was meant to solve. Reveal 1899, and reveal that Congress was thinking about sandbars and sunken cargo rather than chemicals.

Timeline reading (12 min): Students read the five short summaries in the document set and mark each with the instrument of change it represents. Establish the sequence: the statute in 1899, the Supreme Court's broad reading of the word refuse in 1966, the citizen use of the informer provision in the late 1960s, the permit program created by executive order in 1970, and the 1972 amendments that replaced it. Confirm the sequence with a quick oral check before moving on.

Document analysis (15 min): In pairs, students answer three questions for each summary in writing: who acted, what authority they used, and who could have stopped them. Require students to quote no more than one phrase from each summary and to write the rest in their own words. Circulate and press pairs who answer the third question with a name rather than an institution.

Comparison chart (13 min): Groups of four build the comparison chart from the handout on chart paper, rating each of the five instruments on who may start it, how quickly it produces a result, how far it reaches, and how durable it is. Each rating must be defended with one fact from the document set. Groups post their charts.

Discussion (6 min): Ask one question and hold the class to it: if the Refuse Act already prohibited industrial discharges, why did Congress write a new statute in 1972 and pass it over a veto? Steer students toward the difference between a prohibition enforced case by case and a permit system that sets numeric limits for every discharger in advance.

Formative check and exit ticket (4 min): Students write one sentence naming the instrument of change they judge most durable and one sentence naming its main weakness. Collect at the door. If more than a third of the class names durability without naming any weakness, open the next class by revisiting the executive order summary.

Differentiation

Support

Give students a partially completed comparison chart with the first row filled in for Summary A, including a model justification sentence. Provide a short glossary card defining navigable water, refuse, and permit in plain language before the reading begins.

Extension

Have students write the one-paragraph argument a 1971 industry lawyer would make against the permit program and the one-paragraph answer an agency lawyer would give, each using only the document set.

ELL supports

Pre-teach "navigable," "refuse," "informer," and "veto" with a definition, a sketch, and a sentence in which the word appears. Provide a chart frame with sentence starters: "This instrument can be started by ___. It works quickly or slowly because ___. It can be stopped by ___."

Extensions

Students trace one more step in the sequence by comparing the citizen suit provision written into the 1972 statute with the informer provision in the 1899 statute, and explain which one gives an ordinary person more control over the outcome.