WOTUS

PRESS RELEASE: EPA Delay of Clean Water Rule Threatens America’s Safe Drinking Water

FOR IMMEDIATE RELEASE                                         

Contact: Judith Nemes

(312) 795-3706

Nemes@elpc.org 

US EPA Delay of Clean Water Rule Threatens America’s Safe Drinking Water

  Pausing Clean Water Standards Wrong for the Great Lakes Region and America

 

STATEMENT BY HOWARD A. LEARNER

EXECUTIVE DIRECTOR, ENVIRONMENTAL LAW & POLICY CENTER

 

“EPA Administrator Scott Pruitt’s rush to delay the Clean Water Rule will allow more pollution, threatening safe, clean drinking water in the Midwest,” Learner said “We can’t afford to go backwards when it comes to reducing pollution of our community rivers, lakes and streams.”

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Christian Science Monitor: Battle Over the Clean Water Rule; What’s at Stake?

Christian Science Monitor

Battle over the Clean Water Rule: What’s at stake?

By Amanda Paulson

Just who gets to regulate America’s many seasonal streams and wetlands?

That’s a question that has long been contentious.

At the end of June, Environmental Protection Agency Administrator Scott Pruitt formally proposed revoking the Obama-era Clean Water Rule, also known as the “Waters of the US” rule, or WOTUS.

Mr. Pruitt was acting on an executive order signed by President Trump back in February. And depending on whom you talk to, the move to repeal the rule is either an environmental disaster that opens up America’s waterways to pollution and development and puts Americans’ drinking water at risk, or a common-sense action that gets rid of a rule particularly despised by many farmers, ranchers, and developers and returns regulatory authority to states.

Q: What is the rule?

The term “Waters of the United States” comes from the landmark 1972 Clean Water Act. The 2015 Clean Water Rule was designed to provide long-sought guidance on just which “navigable waters” fall under federal jurisdiction and are covered by the protections in that act.

Some waters, including permanent rivers and streams, clearly meet the definition. But many wetlands, seasonal streams, and ditches don’t necessarily qualify: They’re not connected to US waterways much of the time, even though they may ultimately feed into them.

In a 2006 US Supreme Court ruling to determine the jurisdiction, Rapanos v. United States, the court was split. Four conservative justices, led by Justice Antonin Scalia, offered a constrained definition that includes only “relatively permanent bodies of water.” Justice Anthony Kennedy concurred, but added that it should also include wetlands and intermittent streams that have a “significant nexus” to those waters – an opinion that has largely governed decisions since.

The Clean Water Rule carried over existing exemptions for things like agriculture and ranching. It has never taken effect, as lawsuits from states (including one involving Mr. Pruitt when he was Oklahoma attorney general) are working their way through the courts.

Q: What change is the EPA proposing?

The rule the EPA has put forward – currently in the 30-day comment period – would mean going back to the standards used 10 years ago. Since the Clean Water Rule is currently under a stay, it wouldn’t actually change practice on the ground.

There’s also some question about whether the repeal is fully legal – and it’s likely to be challenged in court. The EPA “can’t declare that within 30 days it’s going to stop following the law and ignore the standards that have been adopted” through long-standing administrative procedure, says Howard Learner, executive director of the Environmental Law & Policy Center, which supports the Clean Water Rule.

READ MORE

Victory! Final Clean Water Standard Will Protect Streams and Wetlands

Today the Obama Administration issued new clean water standards that are an important step forward to protect safe drinking water and healthier community rivers, lakes and streams in the Great Lakes and Mississippi River watersheds.

ELPC and many of our allies across the nation have worked to achieve these new standards for many years. These standards have been informed by public input, are well grounded in the law, and are based on sound science.

This is a big deal. Water resources are so interconnected that in order to protect our celebrated waterways – the Mississippi River and the Great Lakes – we also need to protect the backyard brooks, community creeks and steady streams that feed them. That’s what these new clean water standards accomplish.

Now let’s work with EPA and people and businesses in Midwest communities to advance these sensible clean water standards and make them work well going forward.

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