“The Trump administration on Thursday [January 23] signed its
long-promised regulation to remove millions of miles of streams and roughly
half the country’s wetlands from federal protection, the largest rollback of
the Clean Water Act since the modern law was passed in 1972.
“The move delivers a major win for the agriculture, home building,
mining, and oil and gas industries, which have for decades sought to shrink the
scope of the water law that requires them to obtain permits to discharge
pollution into waterways or fill in wetlands, and imposes fines for oil spills
into protected waterways.
“Those industries had fiercely fought an Obama-era regulation that
cemented broad protections for head water streams, which are at the beginning of
the river network, as well as certain wetlands. …Donald Trump, whose golf
courses and other businesses had fought with regulators over Clean Water Act
permits, has lambasted that rule as ‘disastrous’ and his administration repealed it last year.
“Here are six things to know about the new regulation, known as
the Navigable Waters Protection Rule:
1) It goes beyond
overturning Obama to erase protections that have been in place for decades
“The Trump administration has made a point of rolling back
environmental rules put in place by its predecessor, accusing the Obama
administration of federal overreach. But the new regulation goes much beyond
repealing the Obama-era rule, unwinding the previous rules that have been in
place to protect head water streams and wetlands since the 1970s and ‘80s.
“‘President Trump’s administration wants to make our waters burn
again,’ Earth justice attorney Janette Brimmer said in a statement, referring to
the 1969 fire on the Cuyahoga River in Cleveland that served as a major impetus
for passing the Clean Water Act. ‘This all-out assault on basic
safeguards will send our country back to the days when corporate polluters
could dump whatever sludge or slime they wished into the streams and wetlands
that often connect to the water we drink.’
2) It drew complaints from
EPA's own advisers
“The Trump administration issued the rule despite concerns raised
by EPA’s outside scientific advisers, who issued a draft report in
late December that said the proposed version of the rule was ‘in conflict with
established science … and the objectives of the Clean Water Act.’ The criticism
was particularly notable given that the majority of the board members were
handpicked by the Trump administration.
“When the Obama administration issued its more expansive rule in
2015, it did so based on a massive scientific report that documented the importance
of small streams to the health of downstream rivers and bays. In overturning
that rule and issuing a far narrower one that would remove federal protections
for waterways that don't flow regularly and wetlands that don't have an
immediate surface water connection to larger waterways, the Trump
administration has argued that it's a matter of policy rather than of science.
“‘This isn’t about what’s an important water body. All water is
important. This is about what waters Congress intended the agency to regulate,’
a senior EPA official said on a call with reporters Thursday.
3) Half the country's
wetlands could lose protection
“Wetlands, the in-between zone separating water and land, serve a
crucial role in soaking up flood waters, filtering pollution and providing
habitat to fish and wildlife. Despite a goal by President Ronald Reagan to have
‘no net loss’ of wetlands, the U.S. has drained or filled in the lion's share
of its marshes and bogs, and is continuing on a downward trend.
“The new rule lifts federal protections for roughly half of the
country's wetlands, according to the agency's own internal estimates Environmental groups say this would
surely accelerate the trend of lost wetlands at a time when the changing
climate makes their benefits all the more important.
4) Dry, Western states
will see the biggest impact
“Waterways in arid regions of the country, particularly in the
West, are likely to be among those most affected by the new rule, which removes
federal protections for streams that flow only after rainfall. According to EPA, as
much as 94 percent of Arizona’s waterways could lose Clean Water Act protection
under the regulation, as well as 89 percent of Nevada's.
“The Trump administration argues that just because a waterway
isn't federally regulated doesn't mean that it's not protected, since states
can still set more expansive protections. ‘Many states already have a robust
network of regulations that protect their state’s waterways,’ EPA Administrator
Andrew Wheeler told reporters. But many states, including Arizona, have laws on
the books that prevent them from regulating more stringently than the federal
government and states have been cutting the budgets
for their environmental agencies.
5) Après WOTUS, the deluge of lawsuits
“The
new rule will set off the latest fight in a decades’ long legal brawl over the
scope of the Clean Water Act, which intensified following a muddled Supreme
Court decision in 2006. With environmental groups already vowing to sue, the
new Trump rule will likely become quickly entangled in litigation, much as its
Obama-era predecessor was.
“The water law is aimed at cleaning up ‘navigable waters’ like the
Mississippi River and the Chesapeake Bay, but it is widely recognized that
those can’t be protected without also restricting pollution into the streams
and creeks that flow into them, as well as the wetlands that buffer them from
runoff. But how far upstream the law’s protections reach has been a source of
heated controversy.
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