Today, the U.S. issued Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers final rule identifying waters protected under the Clean Water Act. The rule defines the term “waters of the United States” — sometimes referred to as “WOTUS” — and traces the agencies’ longstanding approach to protecting our nation’s waters. The rule is based on a comprehensive scientific overview, including hundreds of studies that highlight the ways in which water affects each other and thus needs to be protected
The EPA’s revised definition comes after Earthjustice filed two lawsuits on behalf of tribes and environmental groups to challenge Trump’s Navigable Waters Protection Rule, which stripped protections from a large percentage of our nation’s waterways. In August 2021, an Arizona court ruled in favor of Earthjustice and our clients in one of those cases, holding that the Trump rule violated federal law and vacating it because of its potential to cause significant harm to the nation’s waters. The Biden administration committed to a new rulemaking process, which led to the rule ending today.
“This rule tracks the familiar framework that agencies have used for decades to protect our nation’s waters,” said Stuart Gillespie, senior counsel for Earthjustice. “The agencies justified their approach in the scientific record, which emphasizes that many waters are interconnected and therefore must be protected to protect downstream communities and the environment. The rule also resoundingly rejects the Trump-era approach, which illegally and unscientifically rolled back longstanding Clean Water Act protections.”
However, the Supreme Court is considering a case where it can rewrite the legal principles underlying this new rule. After the EPA and the Corps originally proposed this rule, the court decided to hear the case of Sackett v. EPA, in which the plaintiffs challenge the applicability of the Clean Water Act to thousands of wetlands. The Court’s move, and the views expressed by some justices at oral argument, raise further concerns about the Court’s willingness to disregard traditional principles of judicial restraint in service of a deregulatory, pro-industry and anti-environmental agenda. The comprehensive scientific overview accompanying this new rule highlights the scope and complexity of the technical issues that agencies must consider when implementing the Clean Water Act, and further illustrates why the Court should exercise caution when considering major changes to the law in this area.
When Congress passed the Clean Water Act in 1972, lawmakers gave the EPA and the Army Corps the authority and responsibility to protect all “waters of the United States,” and to restore and maintain the chemical, physical, and biological integrity of our waters. The Supreme Court’s decision to take up the Sackett case before the agencies finalized this rule raises questions about the agenda and threatens to undermine protections for our nation’s waters, even as this rule seeks to strengthen them. We expect the Supreme Court to deliver its decision in early 2023.
The move was motivated by “the lack of reasoned decision-making and apparent flaws in the rule’s scope of certification, the indications that the rule runs counter to the structure and purpose of the Clean Water Act,” he said, and the fact that “E.P.A.
Who controls navigable waters?
The 1972 amendments to the Clean Water Act established federal jurisdiction over “navigable waters,” defined in the Act as “waters of the United States” (CWA Section 502(7)).
Who decides whether a river is navigable? § 329.14 Determination of seaworthiness. See the article : Massachusetts woman charged with illegally transporting people who entered the United States illegally. (a) Effect on Decisions. Although decisive determinations of navigability can only be made by federal courts, those made by federal agencies are nevertheless given considerable weight by the courts.
Which agency is in charge of all navigable waterways?
U.S. Environmental Protection Agency.
What is the navigable waters rule?
Under federal law, the Clean Water Act prohibits the discharge of pollutants from point sources into “navigable waters,” also referred to as the “waters of the United States” (or WOTUS), unless permitted by either the EPA or the Army Corps of Engineers. On the same subject : Conferences, Concert and Event Market Report 2022 in the United States: Deploying the Best Technology That Can Handle Entire Events Drives Growth.
Why is the Clean Water Act controversial?
Shortcomings of the Clean Water Act and Its Implementation Beyond its language, the Clean Water Act fails to regulate “non-point source pollution,” or pollution that does not originate from a discrete location, such as agricultural runoff. See the article : US Needs New Strategy to Stop Saudi and Iranian Support for Russia.
How did the Clean Water Act affect society? Almost half a million acres of wetlands were lost annually, and by the mid-1980s more than half of the country’s total wetlands were lost. Over the past half century, the Clean Water Act has brought life back into our waters—transforming rivers and lakes from dumping grounds to productive, healthy waterways again.
What issues does the Clean Water Act address?
The CWA made it illegal to discharge pollutants from a point source into waters unless a permit was obtained: EPA’s National Pollutant Discharge Elimination System (NPDES) permit program controls discharges. Point sources are discrete means of transport such as pipes or man-made ditches.
Has the Clean Water Act been effective?
While the law has been successful in keeping untreated sewage out of rivers and made progress in eliminating industrial pollution from rivers, it has been less successful in reducing non-point source pollution, including nutrient pollution, said Neal McAliley, an environmental attorney at Carlton Fields PA in Miami.
What was the controversy connected to safe water act?
Passing the Senate during the 92nd Congress, the Safe Drinking Water Act failed to pass the House due to disagreement over this bill’s expansion of the Environmental Protection Agency. Opponents believed the measure went too far in strengthening the federal government at the expense of the states.
Is the Clean Water Act still enforced?
EPA enforces requirements under the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA).
Does the clean water rule still apply? Congress passed the Clean Water Act in 1972 to protect all “waters of the United States.” Fifty years later, the law remains the most important way we can protect our nation’s waters from pollution and destruction, protect public health and wildlife habitat.
Is the Clean Water Act still enforced 2022?
On April 6, 2022, the United States Supreme Court issued a stay of the October 2021 order of the U.S. District Court for the Northern District of California vacating EPA’s 2020 Clean Water Act Section 401 Certification Rule (2020 Rule). The vacancy’s stay applies nationwide.
Has the Clean Water Act been amended replaced?
Changes to the Clean Water Act. Parts of the CWA have been amended since it was enacted in 1972. The two most significant amendments were part of the Clean Water Act of 1977 and the Water Quality Act of 1987.
