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EPA, U.S. Army Move to Repeal 2015 Clean Water Rule
EPA, U.S. Army Move to Repeal 2015 Clean Water Rule
Jan 17, 2024 3:35 PM

At a Glance

The EPA will begin the rollback of the Obama-era Clean Water Rule meant to protect many wetlands and small streams from development and pollution.President Donald Trump signed an executive order in February ordering federal agencies to review the Waters of the United States rule.

The U.S. Environmental Protection Agency announced this week that it is moving to repeal an Obama-erarule meant to protect the nation's waterways that provide drinking water for millions of Americans.

According to an , the agency, along with the Department of Armyand the Army Corps of Engineers, is proposing to slashthe2015 Clean Water Rule and re-codify the regulatory text that existedbeforethe2015 rule, which defines the "waters of the United States."

The Obama-era Waters of the United States rule expanded federal authority to include all “navigable” waters, or those large enough to carry a boat, under the jurisdiction of the Clean Water Act. The rule, in effect, defined what navigable waters were and which were to be protected.

The rule outraged farmers and business ownersand prompted challenges by more than two dozen states and business groups. The rule remains on hold as it continues to be debated in the court system.

EPA Administrator Scott Pruitt said in the press release that the agency is "taking significant action to return power to the states and provide regulatory certainty to our nation's farmers and businesses."

"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," he added.

Warning of polluted water at Staten Island Beach, with Verrazano-Narrows Bridge in background. 06/1973.

(Arthur Tress/U.S. National Archives)

In February, President Donald Trumpsigned an executive order to withdraw the rule that protects many wetlands and small streams from development and pollution. He called on the EPA and the Corps to review the rule to assess its consistencywith "promoting economic growth" and "minimizing regulatory uncertainty," among other factors.

That move stirred a heated debate over the health and safety of the nation's waterways.

The president claimedthe rule was a"massive power grab" and "(treated) our wonderful small farmers and small businesses as if they were a major industrial polluter."

(MORE:)

While farmers applauded the February executive order, conservationists hailed the decisiona "massive blow."

"This is a major blow to our clean drinking water supplies, and the health of rivers nationwide," Amy Kober, national communications director for American Rivers, told weather.com in February. "Trump is abandoning protections for millions of miles of small streams and millions of acres of wetlands, which are the drinking water sources for one in three people in our country. By scrapping these safeguards, streams and wetlands will now be vulnerable to more pollution and dredging/filling for development."

Kober noted, too, that the move put the nation's drinking water at risk.

"We all need clean drinking water and we all live downstream, no matter where you live or what your job is," Kober said. "Taking responsibility for healthy rivers should be something that unites us, not divides us. Nobody wants their children drinking dirty water."

Trip Van Noppen, president of the environmental legal group Earthjustice,that the proposal to repeal the Clean Water Rule is "the administration’s first step in a plan designed to pollute our waterways and give comfort to corporate interests."

The controversial rollback prompted environmental groups to vow a fight in the court system to protect the rule. The likely outcome is "years of continued political and legal wrangling over a long-contested issue," the Associated Press notes.

"No one is above the law, including the EPA and the Army Corps of Engineers, so we call on these agencies to continue fulfilling their legal authority, rely on sound science and data, and fully protect all waters under the Clean Water Act," Van Noppen said.“Earthjustice will continue to use the full strength of our nation’s bedrock environmental laws to protect communities and the environment. Replacing the Clean Water Rule with a Dirty Water Rule is a cynical politically-motivated, industry-driven move that will not stand.”

MORE ON WEATHER.COM:Photos Reveal America Before EPA

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