The Trump administration on Tuesday took a major step toward repealing the Waters of the United States (WOTUS) rule. WOTUS, which has been bitterly contested, had extended existing federal protections of large bodies of water, such as the Chesapeake Bay, to smaller bodies that flow into them, such as rivers, wetlands, and small waterways.WOTUS was issued under the authority of the 1972 Clean Water Act and was strongly supported by environmentalists. However, farmers, ranches, and real estate developers have strongly opposed WOTUS as an infringement of property rights. However, the proposed rollback of WOTUS has little immediate effect since a federal court has already delayed implementation of WOTUS until legal questions were resolved.
President Trump signed an executive order in February directing EPA administration Scott Pruitt, to start the legal process for rolling back WOTUS. On Tuesday, EPA and the Department of Army, and Army Corps of Engineers, released a 42-page proposal to rescind the rule. This is the first step in what most likely with be a lengthy legal process.
“The WOTUS rule would have put backyard ponds, puddles, and prairie pot holes under Washington’s control. I applaud the Trump administration for working to remove this indefensible regulation. I will continue to work closely with the administration as it seeks common-sense ways to keep America’s water clean and safe.” Senator John Barrasso (R-WY), Chairman of the Environment and Public Works Committee, said in a statement
EPA said that this action would, when finalized, provide certainty in the interim, pending a second rulemaking in which the agencies will engage in a substantive re-evaluation of the definition of “waters of the United States.” The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance, and longstanding practice.
“We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” said Administrator Scott Pruitt. “This is the first step in the two-step process to redefine ‘waters of the U.S.’ and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public,” Pruitt said.
This proposed rule follows the February 28, 2017, Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The February Order states that it is in the national interest to ensure that the nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the States under the Constitution.
The agencies have also begun deliberations and outreach on the second step rulemaking involving a re-evaluation and revision of the definition of “waters of the United States” in accordance with the Executive Order.
For the pre-publication Federal Register Notice and additional information: http://www.epa.gov/wotus-rule
