Bogus WOTUS no more
On Dec. 12, the U.S. Environmental Protection Agency rolled out its updated “Waters of the United States” rule. Before you roll your eyes, let me explain.
You may remember that this rule was botched by the Obama administration’s EPA and the Army Corps of Engineers. It was an overstep of the original intent of the Clean Water Act that not only upset farmers and ranchers, it got the goat of pretty much anyone who owns land in America.
One of the key problems of the “Bogus WOTUS” rule, as some branded it on social media, was the rule’s vagueness.
Does a creek that is dried up during different times of the year count as a covered water? The answer was unclear.
Now, the new rule will provide greater clarity in what constitutes and what does not constitute a “Waters of the U.S.”
In February, President Donald Trump signed an executive order to begin rescinding the rule.
In June, implementation of the infamous Waters of the United States was delayed by two years, and this past week Trump’s EPA delivered on its promise to come up with an improved replacement rule.
At the signing ceremony on Tuesday, EPA Acting Administrator Andrew Wheeler said, “Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Act and provides states and landowners the certainty they need to manage their natural resources and grow local economies. For the first time, we are clearly defining the difference between federally protected waterways and state protected waterways. Our simpler and clearer definition would help landowners understand whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.”
The room was chockfull of state Farm Bureau presidents and members who had voiced their concerns repeatedly over the rule. Also, rural electric cooperatives, U.S. Chamber of Commerce and major agricultural commodity trade associations were in the crowd.
Attendees heard from EPA, the Army Corps of Engineers, Interior Secretary Ryan Zinke, Deputy Secretary of Agriculture Steve Censky, and American Farm Bureau President Zippy Duvall. Lawmakers who spoke included Senate Agriculture Chairman Pat Roberts, Senate Energy and Natural Resources Committee Chairwoman Lisa Murkowski, as well as Sens. Joni Ernst, Mike Rounds, and John Hoeven.
R.D. James, assistant secretary of the Army for Civil Works said, “EPA and the Army together propose this new definition that provides a clear and predictable approach to regulating ‘waters of the United States.’ We focused on developing an implementable definition that balances local and national interests under the Clean Water Act. I have heard from a wide range of stakeholders on Clean Water Act implementation challenges. This proposed definition provides a common-sense approach to managing our nation’s waters.”
The public comment period for the updates rule will run for 60 days after publication in the Federal Register. An informational webcast will occur on Jan. 10, as well as a listening session in Kansas City, Kansas, on Jan. 23.
Editor’s note: Seymour Klierly writes Washington Whispers for the Journal from inside the Beltway.
