The Clean Water Rule
editsee also: Clean Water Rule
Completed by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, The Clean Water Rule was established to provide more accurate and understandable terminology under the Clean Water Act[1]. The Clean Water Rule sought to better define the Waters of the United States due to a lack of clarity on rules and regulations set forth by the Clean Water Act. The issue arose as numerous concerns were expressed by members of Congress, industry, environmental groups, scientists, and the public. Two Supreme Court hearings gained national interest due to the lack of clarity within the Clean Water Act. The Solid Waste Agency of Northern Cook County v. U.S. Army Corps (2001) and Rapanos v. United States (2006) were particularly monumental in the push to clarify terminology within the Clean Water Act[2][3] . Both cases faltered in the Supreme Courts due to judges differing opinions on the meanings of "navigable waters" and "waters of the united states". After these cases, it was acknowledged that waters protected under the Clean Water Act be more easily understandable and the Clean Water Rule was proposed on April 21st, 2014. The rule was then published in the Federal Register on June 29th, 2015 and became effective on August 28th, 2015.
Trump Administration
editThe current EPA Administrator, Scott Pruitt, and the Assistant Secretary of the Army for Civil Works, Douglas Lamont, signed the Notice of Intention to Review and Rescind or Revise the Clean Water Rule on February 28th, 2017 and an Executive Order by President Donald Trump was signed the same day on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Water of the United States" Rule[4] [5]. Both actions jeopardize the longevity of the Clean Water Rule as the Trump Administration looks into reviewing, rescinding, or revising the Clean Water Rule.
The Clean Water Rule's objectives
edit- Provides clarity to protection of tributaries that impact downstream waters
editProvisions under the Clean Water Act protect "navigable waters" defined by physical features (bed,bank, and high water mark) as well as flowing water. The Clean Water Rule elaborates on these provisions and allows for headwaters with similar features to be protected[6].
- Clearly defines extent of protection to nearby waters
editClarity is provided under the Clean Water Rule in the protection of waters next to rivers and lakes as well as their tributaries. Science reviewed in the EPA's Final Report show the impact of waters located outside the boundaries of traditional lakes and rivers on important water downstream.
- Provides protection of significant regional water resources
editProtection of more specific water features throughout the United States is clarified under the Clean Water Rule due to substantial science indicating the importance of particular water features around the United States. Under the Clean Water Rule prairie potholes, pocosins, prairie wetlands, and many other regional specific water features are protected.
- Focuses on streams, not ditches.
editLimits protections to streams and not ditches that are constructed outside of streams or only flow during rainfall.
- Maintains the management/treatment of waters
editThe Clean Water Rule does not interfere with the management or treatment of water resources.
- Reduces the use of case-specific analysis of waters.
editReferences
edit- ^ EPA,OW, US. "What the Clean Water Rule Does". www.epa.gov. Retrieved 2017-03-16.
- ^ https://www.oyez.org/cases/2000/99-1178. Retrieved 2017-03-16.
{{cite web}}: Missing or empty|title=(help) - ^ https://www.oyez.org/cases/2005/04-1034. Retrieved 2017-03-16.
{{cite web}}: Missing or empty|title=(help) - ^ "Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule". whitehouse.gov. 2017-02-28. Retrieved 2017-03-16.
- ^ EPA,OW, US. "Notice of Intention to Review and Rescind or Revise the Clean Water Rule". www.epa.gov. Retrieved 2017-03-16.
- ^ Group, US EPA National Center for Environmental Assessment, Washington DC, Exposure Analysis and Risk Characterization; Alexander, Laurie. "Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence (Final Report)". cfpub.epa.gov. Retrieved 2017-03-16.
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