Washington, D.C. - January 24, 2020 - (The Ponder News) -- The Trump Administration finalized its rule to eliminate protections for wetlands, streams and other bodies of water. The new replacement rule will gut Obama-era regulations that define the waters of the United States (WOTUS) -- the rivers, streams and wetlands that fed into the drinking water supply of 1 in 3 Americans.
“This reckless attack by the Trump Administration represents a generational setback in the country’s battle to safeguard clean water that will harm Virginians and the Chesapeake Bay. It sacrifices the health of over half of America’s wetlands, and puts the drinking water of millions at risk. Once again, President Trump and EPA Administrator Andrew Wheeler are prioritizing the profits of corporate polluters over working families, businesses, clean drinking water, and vulnerable communities. We must not let this stand; House Democrats will continue to fight for clean water for all Americans," said Rep. Don Beyer (D-VA).
“Hoosier farmers and ranchers are the backbone of our state’s economy. Today’s clarification that their farm ditches will no longer be regulated by the federal government as navigable waters is a commonsense change that provides ag producers certainty and ensures a proper balance exists between the federal government and a state’s rights to protect their own water resources. The new rule removes confusion and uncertainty about where federal jurisdiction ends and where state authority begins. I applaud the Trump Administration for keeping yet another promise they made to the American people," stated U.S. Representative Larry Bucshon (R-IN, 8th)
Additionally, the final rule identifies clarifies that “Waters of the United States” are not features that only contain water in direct response to rainfall, groundwater, ditches, including most roadside and farm ditches, farm and stock watering ponds, waste treatment systems, and prior converted cropland.
Senator Benjamin L.Cardin (D - MD) commented, “Clean, safe water is a right of every person in this country. But the Trump administration does not seem to prioritize clean water or public health. Time and again they have shown their sole priority to be protecting polluters at the expense of evidence-based public policies that were built on years-long scientific research.”
Senator Cardin has long urged the Trump administration to protect the Clean Water Rule and protect America’s clean drinking water. In April 2019, he led colleagues in a letter to Wheeler and James during the formal rulemaking comment period urging them to abandon the dangerous proposal.
He continued with, “Continued success of the Clean Water Act requires a clear and scientifically sound definition for determining which bodies of water are protected, while protecting those waters that influence the physical, chemical, and biological integrity of the nation’s waters—the goal at the heart of the Act. However, the final rule provides neither the certainty requested by our constituents, nor the clean and healthy waters upon which we all depend. Instead, this rewrite makes it nearly impossible for stakeholders and regulators to easily and consistently define perennial, intermittent and ephemeral streams. Far from fulfilling the President’s promise to create a nationally consistent rule, this rule injects ambiguity into the law at the expense of our decades of progress in cleaning up our waters.
“For Maryland and the Chesapeake region, the Trump administration’s latest rollback of federal clean water regulations undermines the Chesapeake Bay restoration effort by eliminating federal protections for thousands of acres of wetlands and some headwater streams. Under the Trump administration’s new water rule, isolated wetlands not connected by surface waters to navigable waterways in an average year will be denied federal protections. This would make them more vulnerable to pollution, and make it harder for state and local governments, farmers, nonprofits and businesses to achieve their nutrient and sediment reduction goals. Also exposed would be streams that flow only after rain or snowmelt, called ‘ephemeral’ streams, that play a critical role in supplying clean drinking water and as tributaries to the Chesapeake Bay. In the long run, this rollback will cost American taxpayers money for increased health costs and other harmful effects of increased pollution in our waterways.”
Senator Bill Cassidy (R-LA) had long criticized the Obama-era WOTUS rule for its burdensome and confusing regulations, as well as its infringement on private citizens’ property rights. The rule was considered by many Louisiana farmers, construction workers and energy producers to be a broad overreach of the federal government’s authority.
“Clean water and common-sense regulation – President Trump’s WOTUS rule achieves both. Louisiana workers now have needed certainty to plan for their futures and further contribute to our nation’s robust economy,” said Dr. Cassidy.
U.S Representative Liz Cheney (R-Wyoming at large) stated, “The Obama Administration’s attempt to redefine navigable waters was a blatant, unconstitutional power grab aimed at taking federal control over state water laws and private water rights. Thankfully, President Trump and House Republicans made it a top priority to put a stop to this clear abuse of power that threatened precious resources for hardworking ranchers and farmers in Wyoming, and would have devastated our rural economy. I’m pleased to see EPA Administrator Wheeler take the next step to protect our nation’s water resources by clearly defining what is and what is not considered ‘navigable water.’ This new rule, which included input from a wide range of stakeholders, will provide regulatory certainty that respects the water rights of the people of Wyoming.”
Congressman James Comer applauded the Trump Administration’s action, noting that farmers would benefit from less burdensome regulations by saying, “Our farmers have suffered under the heavy-handed regulations put into place by the Obama Administration. Now, President Trump’s plan of deregulation and ending inconsistent regulatory patchwork is becoming a reality through this new definition of WOTUS,” Congressman Comer said. “Farmers and businesses across the nation have been in need of a consistent regulatory framework that allows them to function with clarity and predictability. Finally repealing the 2015 Rule will foster regulatory consistency and allow for important projects to move forward. I’m proud to support President Trump’s plan and I look forward to the effects of this new definition on Kentucky’s agriculture and inland waterway industries.”
Director of CEI’s Center for Energy and Environment Myron Ebell said, “The rule appears to make several significant improvements to the 2018 proposed rule. In particular, the rule defines the limits of federal jurisdiction over waters and wetlands more carefully and lists more clearly the types of areas that are excluded from federal regulation. The bad old days when the Corps of Engineers used the overly broad and vague 1987 delineation manual creatively to expand federal regulation to lands that might occasionally be moist should be gone for good.
“However, rather than simply adopting Justice Scalia’s clear language in the 2006 Rapanos decision, the final rule still tries to include parts of Justice Kennedy’s ill-considered ‘significant nexus’ test, which he invented in his concurring opinion. This means that it is unlikely to meet EPA Administrator Andrew Wheeler’s admirable goal of having a definition of wetlands that is clear and simple enough that landowners can understand ‘whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.’”
Senator Mike Crapo (R-ID) commented, “During the last Administration, I heard consistent concerns from farmers, ranchers, small businesses, governors, and many others about the extremely broad definition of ‘waters of the United States’ under the Clean Water Act,” said Representative Mike Simpson. “During Congressional hearings and meetings in my office, I received no clarity between federal and state jurisdiction over which waters were regulated by who. That is why I am pleased the EPA and the Corps took note of those concerns and rewrote the rule in a way that maintains critical protections under the Clean Water Act, while also appropriately delegating state and local jurisdictions in charge of regulating smaller bodies of water, as the law was intended. I have great confidence in the State of Idaho given their experience and increased responsibility with State primacy.”
“The Obama Administration's Waters of the United States (WOTUS) rule was the definition of federal overreach and an attempt to control Idaho’s waterways. As I’ve followed water policy during my tenure in the Idaho state legislature, I understand that federal mandates do not work for Idahoans," said Representative Russ Fulcher. “I commend the Trump Administration for keeping their promise and reestablishing the appropriate state authority in relation to the Clean Water Act. This new rule will help Idaho farms, businesses, and other job creators so our state can continue to thrive as an economic leader in our nation.”
Background
The Navigable Waters Protection Rule identifies four clear categories of waters that are federal regulated:
The territorial seas and traditional navigable waters;
Perennial and intermittent tributaries to those waters;
Certain lakes, ponds, and impoundments; and
Wetlands adjacent to jurisdictional waters.
WOTUS is not:
Features that contain water only as a response to rainfall
Groundwater
Many ditches, including most roadside and farm ditches
Farm and stock watering ponds
Prior converted crop land.
“This reckless attack by the Trump Administration represents a generational setback in the country’s battle to safeguard clean water that will harm Virginians and the Chesapeake Bay. It sacrifices the health of over half of America’s wetlands, and puts the drinking water of millions at risk. Once again, President Trump and EPA Administrator Andrew Wheeler are prioritizing the profits of corporate polluters over working families, businesses, clean drinking water, and vulnerable communities. We must not let this stand; House Democrats will continue to fight for clean water for all Americans," said Rep. Don Beyer (D-VA).
“Hoosier farmers and ranchers are the backbone of our state’s economy. Today’s clarification that their farm ditches will no longer be regulated by the federal government as navigable waters is a commonsense change that provides ag producers certainty and ensures a proper balance exists between the federal government and a state’s rights to protect their own water resources. The new rule removes confusion and uncertainty about where federal jurisdiction ends and where state authority begins. I applaud the Trump Administration for keeping yet another promise they made to the American people," stated U.S. Representative Larry Bucshon (R-IN, 8th)
Additionally, the final rule identifies clarifies that “Waters of the United States” are not features that only contain water in direct response to rainfall, groundwater, ditches, including most roadside and farm ditches, farm and stock watering ponds, waste treatment systems, and prior converted cropland.
Senator Benjamin L.Cardin (D - MD) commented, “Clean, safe water is a right of every person in this country. But the Trump administration does not seem to prioritize clean water or public health. Time and again they have shown their sole priority to be protecting polluters at the expense of evidence-based public policies that were built on years-long scientific research.”
Senator Cardin has long urged the Trump administration to protect the Clean Water Rule and protect America’s clean drinking water. In April 2019, he led colleagues in a letter to Wheeler and James during the formal rulemaking comment period urging them to abandon the dangerous proposal.
He continued with, “Continued success of the Clean Water Act requires a clear and scientifically sound definition for determining which bodies of water are protected, while protecting those waters that influence the physical, chemical, and biological integrity of the nation’s waters—the goal at the heart of the Act. However, the final rule provides neither the certainty requested by our constituents, nor the clean and healthy waters upon which we all depend. Instead, this rewrite makes it nearly impossible for stakeholders and regulators to easily and consistently define perennial, intermittent and ephemeral streams. Far from fulfilling the President’s promise to create a nationally consistent rule, this rule injects ambiguity into the law at the expense of our decades of progress in cleaning up our waters.
“For Maryland and the Chesapeake region, the Trump administration’s latest rollback of federal clean water regulations undermines the Chesapeake Bay restoration effort by eliminating federal protections for thousands of acres of wetlands and some headwater streams. Under the Trump administration’s new water rule, isolated wetlands not connected by surface waters to navigable waterways in an average year will be denied federal protections. This would make them more vulnerable to pollution, and make it harder for state and local governments, farmers, nonprofits and businesses to achieve their nutrient and sediment reduction goals. Also exposed would be streams that flow only after rain or snowmelt, called ‘ephemeral’ streams, that play a critical role in supplying clean drinking water and as tributaries to the Chesapeake Bay. In the long run, this rollback will cost American taxpayers money for increased health costs and other harmful effects of increased pollution in our waterways.”
Senator Bill Cassidy (R-LA) had long criticized the Obama-era WOTUS rule for its burdensome and confusing regulations, as well as its infringement on private citizens’ property rights. The rule was considered by many Louisiana farmers, construction workers and energy producers to be a broad overreach of the federal government’s authority.
“Clean water and common-sense regulation – President Trump’s WOTUS rule achieves both. Louisiana workers now have needed certainty to plan for their futures and further contribute to our nation’s robust economy,” said Dr. Cassidy.
U.S Representative Liz Cheney (R-Wyoming at large) stated, “The Obama Administration’s attempt to redefine navigable waters was a blatant, unconstitutional power grab aimed at taking federal control over state water laws and private water rights. Thankfully, President Trump and House Republicans made it a top priority to put a stop to this clear abuse of power that threatened precious resources for hardworking ranchers and farmers in Wyoming, and would have devastated our rural economy. I’m pleased to see EPA Administrator Wheeler take the next step to protect our nation’s water resources by clearly defining what is and what is not considered ‘navigable water.’ This new rule, which included input from a wide range of stakeholders, will provide regulatory certainty that respects the water rights of the people of Wyoming.”
Congressman James Comer applauded the Trump Administration’s action, noting that farmers would benefit from less burdensome regulations by saying, “Our farmers have suffered under the heavy-handed regulations put into place by the Obama Administration. Now, President Trump’s plan of deregulation and ending inconsistent regulatory patchwork is becoming a reality through this new definition of WOTUS,” Congressman Comer said. “Farmers and businesses across the nation have been in need of a consistent regulatory framework that allows them to function with clarity and predictability. Finally repealing the 2015 Rule will foster regulatory consistency and allow for important projects to move forward. I’m proud to support President Trump’s plan and I look forward to the effects of this new definition on Kentucky’s agriculture and inland waterway industries.”
Director of CEI’s Center for Energy and Environment Myron Ebell said, “The rule appears to make several significant improvements to the 2018 proposed rule. In particular, the rule defines the limits of federal jurisdiction over waters and wetlands more carefully and lists more clearly the types of areas that are excluded from federal regulation. The bad old days when the Corps of Engineers used the overly broad and vague 1987 delineation manual creatively to expand federal regulation to lands that might occasionally be moist should be gone for good.
“However, rather than simply adopting Justice Scalia’s clear language in the 2006 Rapanos decision, the final rule still tries to include parts of Justice Kennedy’s ill-considered ‘significant nexus’ test, which he invented in his concurring opinion. This means that it is unlikely to meet EPA Administrator Andrew Wheeler’s admirable goal of having a definition of wetlands that is clear and simple enough that landowners can understand ‘whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.’”
Senator Mike Crapo (R-ID) commented, “During the last Administration, I heard consistent concerns from farmers, ranchers, small businesses, governors, and many others about the extremely broad definition of ‘waters of the United States’ under the Clean Water Act,” said Representative Mike Simpson. “During Congressional hearings and meetings in my office, I received no clarity between federal and state jurisdiction over which waters were regulated by who. That is why I am pleased the EPA and the Corps took note of those concerns and rewrote the rule in a way that maintains critical protections under the Clean Water Act, while also appropriately delegating state and local jurisdictions in charge of regulating smaller bodies of water, as the law was intended. I have great confidence in the State of Idaho given their experience and increased responsibility with State primacy.”
“The Obama Administration's Waters of the United States (WOTUS) rule was the definition of federal overreach and an attempt to control Idaho’s waterways. As I’ve followed water policy during my tenure in the Idaho state legislature, I understand that federal mandates do not work for Idahoans," said Representative Russ Fulcher. “I commend the Trump Administration for keeping their promise and reestablishing the appropriate state authority in relation to the Clean Water Act. This new rule will help Idaho farms, businesses, and other job creators so our state can continue to thrive as an economic leader in our nation.”
Background
The Navigable Waters Protection Rule identifies four clear categories of waters that are federal regulated:
WOTUS is not:
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