Waters of the United States
Wetlands Regulation in the Political Swamp
The Congressional Review Act remains bad for policy and worse for democratic deliberation.
Last December, the Biden administration issued a rule defining the scope of the federal government’s authority over streams and wetlands. Congressional Republicans vowed to overturn the rule, using a procedure created by the Congressional Review Act. If Congress is going to repeal something, it should be the Congressional Review Act rather than the Biden rule. …
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CONTINUE READINGCalifornia Adopts New, Welcome Wetlands Protection Rules
State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards
This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources. Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary. Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal …
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CONTINUE READINGWhat Does Trump’s “Waters of the U.S.” Rollback Mean for California?
It might not be what you’d think.
Last week, the Trump EPA announced its proposed rule to roll back the Obama administration’s 2015 “Waters of the United States” rule (“WOTUS Rule”). Early in his tenure, Trump had announced his intent to repeal and replace the WOTUS Rule, and the proposal is, as billed, an attempt to replace the existing WOTUS Rule with …
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CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act. The …
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CONTINUE READINGTrump’s Environmental Assault Begins
Clean Power Plan, Waters of the U.S. Rules First on the Chopping Block But What Remains in Place Varies Dramatically
The Washington Post is reporting that the Trump Administration will very shortly roll out two executive orders to curtail environmental protection. These rollbacks follow on the heels of the Senate’s confirmation of Scott Pruitt, who has made no secret of his antipathy for federal environmental regulations. The first executive order, as widely expected, will tell the …
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