Waters of the United States

California 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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What 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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How 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, …

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The 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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Trump’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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