by Tyler Hale
The Trump administration rolled out a new change to the definition of the “waters of the United States” that is aimed at rolling back Obama-era environmental regulations.
During a National Association of Home Builders International Builders’ Show in Las Vegasheld Thursday, Jan. 23, U.S. Environmental Protection Agency (EPA) Administrator Andrew Wheeler and Assistant Secretary of the Army for Civil Works R.D. Jamesannounced the new rule change.
The new rule, called the Navigable Waters Protection Rule, breaks down the categories of water that will be regulated under the Clean Water Act. These categories include territorial seas and traditional navigable waters; perennial and intermittent tributaries; certain lakes, ponds and impoundments; and wetlands that are adjacent to federal jurisdictional waters.
In addition, the new rule specifies waterways that are not federally regulated. These waterways include groundwater; ditches, including most farm and roadside ditches; prior converted cropland, farm and stock watering ponds; waste treatment systems; and “features that only contain water in direct response to rainfall.”
With the Navigable Waters Protection Rule, the Trump administration is replacing President Barack Obama’s Waters of the United States (WOTUS) rule established in 2015. WOTUS expanded the definition of what constituted the “waters of the United States” to include roughly 60 percent of waterways within the United States.
According to environmentalists, the new rule change will have a detrimental impact on the nation’s waterways. Blan Holman, senior attorney of the Southern Environmental Law Center’s Charleston office and leader of its Clean Water Defense Initiative, says that the new rule will eliminate clean water protections that crack down on pollution.
“The administration eliminated clean water protections to protect polluters instead of protecting people,” Holman said in a statement. “This rule is the culmination of an insider campaign to gut bipartisan protections that have safeguarded the nation’s water for decades, and will endanger the health and environment of families and communities across the entire country.”
Even the EPA’s Science Advisory Board objected to the new rule, saying that it decreases protection for waters throughout the United States. In a draft addressed to Wheeler, the board wrote, “The SAB finds that the proposed revised definition of WOTUS decreases protection for our Nation’s waters and does not support the objective of restoring and maintaining “the chemical, physical and biological integrity” of these waters.
U.S. Rep. Steve Womack supports the decision to change the “waters of the United States” rule, saying that it is a beneficial ruling for farmer and other agricultural producers around the country.
“This announcement marks an important step in restoring state authority and stopping improper federal overreach. Localities are best equipped to manage the water and land within its borders – and this new directive rightfully reverses a power grab by Washington bureaucrats under the previous administration. With today’s prudent rule, we are protecting America’s waterways and providing certainty to hardworking farmers, ranchers, and landowners. I have fought against the misguided Obama-era version of this regulation since it was introduced and thank the Trump Administration for taking decisive action and implementing a balanced approach.”
Agricultural trade groups have counted the new rule change as a win. American Farm Bureau Federation President Zippy Duvall issued a statement, praising the rule revision. According to Duvall, the new rule provides increased clarity on regulations for farmers.
“Farmers and ranchers care about clean water and preserving the land, which are essential to producing healthy food and fiber and ensuring future generations can do the same. That’s why we support the new clean water rule. It provides clarity and certainty, allowing farmers to understand water regulations without having to hire teams of consultants and lawyers,” he says. “We appreciate the commitment of the agencies involved and this administration to crafting a new regulation that achieves important regulatory oversight while allowing farmers to farm. Clean water, clear rules.”
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