WASHINGTON (AP) — The Environmental Protection Agency announced on Monday it will redefine the scope of the nation’s Clean Water Act, effectively limiting the wetlands covered under it. This move builds upon a Supreme Court decision from two years ago, which restricted federal protections in significant areas.
Once finalized, the new “Waters of the United States” rule will ensure that federal jurisdiction focuses on more permanent water bodies, such as streams, oceans, rivers, and lakes, along with the wetlands directly connected to these water sources, according to the EPA.
EPA Administrator Lee Zeldin stated during a news conference that the new rule will facilitate economic prosperity while protecting essential water resources. It fully implements the guidelines stipulated by the Supreme Court in a case known as Sackett v. EPA, which significantly limited federal authority over certain wetlands and favored property rights over clean water concerns for a couple seeking to build near a lake in Idaho.
Zeldin, a former Republican congressman, emphasized that the proposed water rule is not politically motivated, but rather aims to create a “clear, simple, prescriptive rule that will stand the test of time.”
Regarding the permanence of this rule compared to past regulations, Zeldin cited the Sackett case and mentioned the strict interpretation of its implications will guide their actions. The forthcoming rule, which will be open for public comment for at least 45 days, is designed to reduce bureaucratic hurdles for farmers, ranchers, and landowners while still maintaining water quality and state oversight.
Environmentalists have criticized this proposal, arguing it could lead to severe destruction of habitats critical for wildlife and waterways across the nation. J.W. Glass from the Center for Biological Diversity called it a gift to polluters at the expense of vital ecosystems.
Zeldin defended the initiative by highlighting the feedback received from all 50 states regarding federal involvement in land usage. He stressed that the initiative seeks to establish limited, predictable, and durable regulations that delineate which water bodies the Clean Water Act covers.
With the ruling imposing a balance between federal and state authority, Zeldin noted that land removed from federal jurisdiction would still be subject to regulations by states and tribes. The evolution of water regulations has fluctuated drastically between Republican and Democratic administrations, with the current rule aligning with the conservative approach favored by the Trump administration.
As the EPA moves forward, Zeldin encourages thorough conversations with impacted stakeholders to deepen the understanding of the WOTUS rule's significance.
