WASHINGTON (AP) — The Environmental Protection Agency announced Monday it is redefining the scope of the nation’s bedrock clean water law to limit the wetlands it covers, building on a Supreme Court decision two years ago that removed federal protections for significant areas.
When finalized, the new “Waters of the United States” rule will ensure that federal jurisdiction of the Clean Water Act is focused on relatively permanent, standing or continuously flowing bodies of water, such as streams, oceans, rivers and lakes, along with wetlands that are connected to such bodies of water, the EPA said.
The new rule will help accelerate economic prosperity while protecting vital water resources, EPA Administrator Lee Zeldin said at a news conference at agency headquarters. The rule fully implements the direction provided by the Supreme Court in a case known as Sackett v. EPA, which limited the federal government’s authority to police water pollution in certain wetlands, favoring property rights for an Idaho couple seeking to build a house near a lake.
Zeldin, a former Republican congressman, emphasized that the proposed water rule was not ideologically driven. Instead, it aims to create a “clear, simple, prescriptive rule that will stand the test of time.”
Asked about the sustainability of the rule following decades of partisan debates over water regulations, Zeldin confidently pointed to the Sackett case as a precedent. He noted that the Supreme Court's current interpretation strictly adheres to the prescriptive language of the ruling.
Despite the promised benefits, environmentalists have criticized the proposal, arguing it will enable industries to harm wetlands and waterways crucial for wildlife, potentially exacerbating climate change issues.
In contrast, Zeldin argued that the proposed changes reflect genuine concerns from stakeholders, including farmers apprehensive about federal regulations impacting their land use.
The EPA's revised rule will go through a public comment period of at least 45 days, allowing for community engagement in this pivotal regulatory shift.
Critics worry that the adjustments represent a significant retreat from environmental protections that could endanger vital ecosystems across the nation.
As the Biden administration moves to develop water protection standards, it follows a precedent set by the Trump administration and engages in conversations about balancing environmental integrity with property rights.
