Tag: Clean Water Act

Trump Administration Cuts Back Federal Protections For Streams And Wetlands

The Environmental Protection Agency is dramatically reducing the amount of U.S. waterways that get federal protection under the Clean Water Act — a move that is welcomed by many farmers, builders and mining companies but is opposed even by the agency’s own science advisers.

EPA Administrator Andrew Wheeler, who announced the repeal of an earlier Obama-era waterrule in September, chose to make the long-anticipated announcement Thursday in Las Vegas, at the National Association of Home Builders International Builders’ Show.

“All states have their own protections for waters within their borders, and many regulate more broadly than the federal government,” Wheeler told reporters on a conference call before the announcement.

“Our new rule recognizes this relationship and strikes the proper balance between Washington, D.C., and the states,” he added. “And it clearly details which waters are subject to federal control under the Clean Water Act and, importantly, which waters falls solely under the states’ jurisdiction.”

The biggest change is a controversial move to roll back federal limits on pollution in wetlands and smaller waterways that were introduced less than five years ago by President Barack Obama.

The Obama executive action, which broadened the definition of “waters of the United States,” applied to about 60% of U.S. waterways. It aimed to bring clarity to decades of political and legal debate over which waters should qualify.

However, various business interests painted the regulation as a massive federal overreach. Within weeks after the change was announced in May 2015, 27 states sued to block it. At the time, Texas Attorney General Ken Paxton, a leading critic, called the new rule “so broad and open to interpretation that everything from ditches and dry creek beds to gullies to isolated ponds formed after a big rain could be considered a ‘water of the United States.’ “

The revised rule announced Thursday states that ephemeral bodies of water — those that form only after rainfall or that flow only part of the year and dry up at other times — are among those that are not subject to federal control. This exception also applies to waste treatment systems, groundwater, prior converted cropland and farm watering ponds.

It also identifies four categories that are federally regulated under the Clean Water Act: large navigable waters such as the Mississippi River, tributaries, lakes and ponds, and major wetlands.

“This isn’t about what is an important water body. All water is important. This is about what waters Congress intended for the agencies to regulate,” Dave Ross, assistant administrator of the EPA’s Office of Water, told reporters on the conference call. “And we have clearly established those lines.”

However, the revision has also encountered broad criticism. As the proposed rollback was taking shape last year, 14 states sued the EPA over the impending rule change, saying it “ignores science and the law and strips our waters of basic protections under the Clean Water Act.”

In a draft letter posted online late last month, the 41-member EPA Science Advisory Board, which is made up largely of Trump administration appointees, said the revised definition rule “decreases protection for our Nation’s waters and does not support the objective of restoring and maintaining ‘the chemical, physical and biological integrity’ of these waters.” The letter is signed by the board’s chair, Michael Honeycutt.

Gina McCarthy, the EPA administrator under Obama who implemented the 2015 regulation, is among the revision’s most vocal critics. Now president and CEO of the nonprofit Natural Resources Defense Council, McCarthy slammed Thursday’s announcement.

“So much for the ‘crystal clear’ water President Trump promised. You don’t make America great by polluting our drinking water supplies, making our beaches unfit for swimming, and increasing flood risk,” McCarthy said in a statement.

“This effort neglects established science and poses substantial new risks to people’s health and the environment. We will do all we can to fight this attack on clean water. We will not let it stand.”

In a speech on Sunday at the American Farm Bureau Federation’s annual gathering in Austin, Texas, Trump hinted at the change, calling the 2015 Obama rule “one of the most ridiculous regulations of all.”

“That was a rule that basically took your property away from you,” he said. “As long as I’m president, government will never micromanage America’s farmers.”

He said the new regulations would “allow states to manage their water resources based on their own needs and what their farmers and ranchers want.”

When Trump first proposed the new rule in late 2018, Randy Noel, then chairman of the National Association of Home Builders, told NPR that “I’m pretty excited about it because we hadn’t had any lots to build on.”

Noel lives in south Louisiana, an area with a lot of wetlands. He said developers were running scared because it wasn’t ever clear which wetlands were federally regulated and which weren’t. “Hopefully, this redefinition will fix that,” he said.

But Janette Brimmer, with the legal advocacy group Earthjustice, said in a statement that under the new rule, “few protections will remain to stop polluters from dumping toxic byproducts into our waters.”

The kinds of ephemeral waterways now excluded from federal regulation under the revamped rule make up a large part of the waterways in the arid Southwest and states such as New Mexico.

Rachel Conn, the project director with Amigos Bravos, a New Mexico-based conservation group that focuses on water issues, says those ephemeral streams are important to bigger water systems though, like the Rio Grande.

“And it is from these bigger systems that close to 300,000 New Mexicans receive their drinking water,” she says.

Trump ordered a review of the nation’s waterways barely a month after taking office. He said at the time that while clean water was “in the national interest,” it must be balanced against “promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.”

Since taking office, Trump has aggressively sought to roll back environmental regulations, particularly those seen as an obstacle to business. According to an analysis by The New York Times that was updated a month ago, the administration has revised or eliminated more than 90 environmental rules in the past three years, although several were reinstated following legal challenges and several others are still in the courts.

[NPR]

Trump Administration to Finalize Rollback of Clean Water Protections

The Trump administration on Thursday is expected to complete the legal repeal of a major Obama-era clean water regulation, which had placed limits on polluting chemicals that could be used near streams, wetlands and water bodies.

The rollback of the 2015 measure, known as the Waters of the United States rule, has been widely expected since the early days of the Trump administration, when President Trump signed an executive order directing federal agencies to begin the work of repealing and replacing it.

Weakening the Obama-era water rule had been a central campaign pledge for Mr. Trump, who characterized it as a federal land-grab that impinged on the rights of farmers, rural landowners and real estate developers to use their property as they see fit.

Environmentalists say Mr. Trump’s push to loosen rules on clean water regulations represents an assault on protecting the nation’s streams and wetlands at a moment when Mr. Trump has repeatedly declared his commitment to “crystal-clean water.”

The repeal of the water rule, which is scheduled to be announced at the headquarters of the National Association of Manufacturers, will take effect in a matter of weeks.

The Environmental Protection Agency and the Army Corps of Engineers, which had worked together to write the original Obama rule, are expected to issue a new, looser replacement rule by the end of this year.

The clean water rollback is the latest in a series of actions by the Trump administration to weaken or undo major environmental rules, including proposals to weaken regulations on planet-warming emissions from cars, power plants and oil and gas drilling rigs, a series of moves designed to push new drilling in the vast Arctic National Wildlife Refuge, and efforts to weaken protections under the Endangered Species Act.

Environmentalists assailed the move.

“With many of our cities and towns living with unsafe drinking water, now is not the time to cut back on clean water enforcement,” said Laura Rubin, director of the Healing Our Waters-Great Lakes Coalition. “We need more, not less, protection for clean water.”

But farming groups, a key political constituency for Mr. Trump, praised the repeal of a regulation that they said had severely restricted how farmers could use their land.

“The rule that was developed in 2015 was a significant overreach,” said Don Parrish, director of regulatory relations with the American Farm Bureau Federation, which has lobbied for the repeal and replacement of the rule. “It overstepped the limit of protecting clean water and tried to regulate land use. It created liabilities that can end up putting farmers in jail.” He was referring to actions like using pesticides, he said.

The Obama rule, developed under the authority of the 1972 Clean Water Act, was designed to limit pollution in about 60 percent of the nation’s bodies of water, protecting sources of drinking water for about a third of the United States. It extended existing federal authority to limit pollution in large bodies of water, like the Chesapeake Bay and Puget Sound, to smaller bodies that drain into them, such as tributaries, streams and wetlands.

Under the rule, farmers using land near streams and wetlands were restricted from doing certain kinds of plowing and planting certain crops and would have been required E.P.A. permits in order to use chemical pesticides and fertilizers that could have run off into those water bodies.

[The New York Times]

EPA dropped salmon protection after Trump met with Alaska governor

 The Environmental Protection Agency told staff scientists that it was no longer opposing a controversial Alaska mining project that could devastate one of the world’s most valuable wild salmon fisheries just one day after President Trump met with Alaska’s governor, CNN has learned.

The EPA publicly announced the reversal July 30, but EPA staff sources tell CNN that they were informed of the decision a month earlier, during a hastily arranged video conference after Trump’s meeting with Gov. Mike Dunleavy. The governor, a supporter of the project, emerged from that meeting saying the president assured him that he’s “doing everything he can to work with us on our mining concerns.”

The news came as a “total shock” to some top EPA scientists who were planning to oppose the project on environmental grounds, according to sources. Those sources asked to remain anonymous for fear of retribution.

The copper-and-gold mine planned near Bristol Bay, Alaska, known as Pebble Mine, was blocked by the Obama administration’s EPA after scientists found that the mine would cause “complete loss of” the bay’s fish habitat. 

EPA insiders tell CNN that the timing of the agency’s internal announcement suggests Trump was personally involved in the decision.

Dunleavy met with Trump aboard Air Force One on June 26, as the President’s plane was on the tarmac in Alaska. The President had stopped there on his way to the G20 summit in Japan. 

Four EPA sources with knowledge of the decision told CNN that senior agency officials in Washington summoned scientists and other staffers to an internal videoconference on June 27, the day after the Trump-Dunleavy meeting, to inform them of the agency’s reversal. The details of that meeting are not on any official EPA calendar and have not previously been reported.

Those sources said the decision disregards the standard assessment process under the Clean Water Act, cutting scientists out of the process.

The EPA’s new position on the project is the latest development in a decade-long battle that has pitted environmentalists, Alaskan Natives and the fishing industry against pro-mining interests in Alaska. 

In 2014, the project was halted because an EPA study found that it would cause “complete loss of fish habitat due to elimination, dewatering, and fragmentation of streams, wetlands, and other aquatic resources” in some areas of Bristol Bay. The agency invoked a rarely used provision of the Clean Water Act that works like a veto, effectively banning mining on the site. 

Some current and former EPA officials say the decision to remove the Clean Water Act restriction ignores scientific evidence. The decision follows a series of regulatory rollbacks and political appointments within the Trump administration’s EPA that have been criticized by former EPA administrators as favoring industry interests over the environment.

The June 26 meeting between Trump and Dunleavy marked the fourth time the two had met since December. 

Dunleavy has publicly supported the mining project and wrote a letter to Trump in March protesting the EPA’s prior handling of the matter. He had dinner with Tom Collier, the CEO of Pebble Limited Partnership, the project’s developer, in February and spoke to him on the phone in May, according to copies of Dunleavy’s calendar reviewed by CNN. A member of Dunleavy’s administration used to work on the Pebble project in public relations.

In response to CNN’s question about whether Dunleavy asked Trump to direct the EPA to lift the restriction during the June meeting, Dunleavy’s press secretary said the two discussed mining and a public land order, but he declined to provide specifics of the conversation.

Dunleavy said in a statement, “This project, like all projects, should be scrutinized and examined under a fair and rigorous permitting process prescribed by law. That was not the case under the EPA’s unprecedented preemptive veto.”

Neither the White House nor the EPA responded to CNN’s question on whether the White House directed the EPA to lift the restriction on the mine.

Christine Todd Whitman, who served as an Environmental Protection Agency administrator during the George W. Bush administration, said the EPA’s decision to lift the restriction on the mine before the agency’s scientists fully reviewed the matter could violate the Clean Water Act. 

[CNN]

Trump Signs Executive Order to Roll Back Clean Water Rule

President Trump’s newest executive orders target a water-protection rule and elevate an initiative on historically black colleges and universities into the White House.

Trump signed the executive orders in back-to-back signing ceremonies at the White House on Tuesday. The first seeks to undo the Waters of the United States Rule, an Obama administration regulation that sought to reinterpret the Clean Water Act to extend federal protections to smaller rivers and streams.

In a Roosevelt Room ceremony with farmers and lawmakers, Trump called the rule “one of the worst examples of federal regulation” and said “it has truly run amok.”

At issue: the definition of “navigable waters” under the Clean Water Act. Under the 2015 Obama rule, those waters could include, for example, anything within a 100-year floodplain or within 4,000 feet of a high-tide mark. “A few years ago, the EPA decided that ‘navigable waters’ can mean nearly every puddle or every ditch on a farmer’s land, or anyplace else that they decide — right? It was a massive power grab,” Trump said.

Trump’s plan of attack is similar to his earlier order aimed at a consumer-protection regulation called the Fiduciary Duty rule. Because the rule was finalized in 2015, the Trump administration will have to start the regulatory process from the beginning to remove it from the books. The executive order instructs the Environmental Protection Agency and the U.S. Army Corps of Engineers to do just that, asking them to reconsider whether federal jurisdiction extends to non-navigable streams.

But unlike the Fiduciary Duty Rule, which was scheduled to go into effect April 10, the Waters of the United States rule has already been blocked by a federal appeals court in Cincinnati. The executive order also asks the Justice Department to put that appeal on hold while the administration reconsiders the rule.

And it gives direct advice to agencies about how Trump would like to see the term “navigable waters” defined. In a 2005 Supreme Court decision, Justice Antonin Scalia defines them “only those relatively permanent, standing or continuously flowing bodies of water forming geographic features that are described in ordinary parlance as streams, oceans, rivers, and lakes.”

Delaware Sen. Tom Carper, the top Democrat on the Environment and Public Works Committee, did not sound optimistic that the rule would survive.

“If this were an objective review, I think that would be fine,” he said. “If this is a review that the Trump administration has already decided what the outcomes going to be, that’s not good.”

A second executive order moves the federal initiative on Historically Black Colleges and Universities, or HBCUs, into the White House from the Department of Education, where it was housed under the Obama administration.

Trump’s executive order establishes a President’s Board of Advisors on HBCUs, but still leaves much of the budgeting and administration of the initiative in the Department of Education.

“With this executive order, we will make HBCUs a priority in the White House — an absolute priority,” Trump said. “A lot of people are going to be angry that they’re not a priority, but that’s O.K.”

Grambling State University Richard Gallot, one of 80 college presidents who met with Trump Monday, welcomed moving the HBCU initiative back to the White House. “It does makes sense,” he said. “When an agency receives something from the White House suggesting action on HBCUs it has a different tone than three layers down from the Department of Education.”

Since President Jimmy Carter in 1980, every president has signed an executive order reorganizing the initiative. But Trump said moving the initiative into the White House will make it “an absolute priority.”

The HBCU order comes the day after Trump hosted the presidents of historically black colleges at the White House — cramming 64 of them into the Oval Office for a meeting. “I don’t think we’ve ever had this many people in the Oval Office,” Trump said to laughter. “This could be a new record, forever.

(h/t USA Today)

Reality

According to Vox, there is a catch: Rolling back this rule won’t be easy to do. By law, Pruitt has to go through the formal federal rulemaking process and replace Obama’s regulation with his own version — and then defend it in court as legally superior. And, as Pruitt’s about to find out, figuring out which bodies of water deserve protection is a maddeningly complex task that could take years.