Thursday, January 05, 2023

EPA Proposes New Clean Water Rules

The EPA proposed a new rule that re-establishes an old definition of "waters of the United States" that existed before 2015.  The Trump regime threw the broader definition under. the Clean Water Act ou as unduly burdensome to business. The change protects small streams and wetlands under the Act which requires developers to obtain federal water permits if their project will affect the waters in question.  Under the Obama administration the definition was expanded to cover 69% of the nation's waterways.  How far coverage should be extended is a question currently before the Supreme Court, which could overturn the agency's establishment of an older standard.  

In August a federal judge voided the Trump-era standard, long sought after by land developers, and reinstated the standard from 1986. The agency said that current exemptions for farmers will remain under the new rule.  Public comment is invited through this month.