The final rule will modestly increase protections for some streams, wetlands, lakes and ponds, an official said.
For decades, the term has been a flashpoint between environmental groups that want to broaden limits on pollution entering the nation’s waters and farmers, builders and industry groups that say extending regulations too far is onerous for business.based on definitions that were in place prior to 2015In recent years, however, there has been a lot of uncertainty.
The Trump-era rule, finalized in 2020, was long sought by builders, oil and gas developers, farmers and others who complained about federal overreach that they said stretched into gullies, creeks and ravines on farmland and other private property. Jon Devine, director of federal water policy for the Natural Resources Defense Council, called repealing the Trump-era rule a “smart move” that “comes at a time when we’re seeing unprecedented attacks on federal clean water protections by polluters and their allies.”
A 2021 review by the Biden administration found that the Trump rule allowed more than 300 projects to proceed without the federal permits required under the Obama-era rule, and that the Trump rule significantly curtailed clean water protections in states such as New Mexico and Arizona.the Trump-era rule and put back in place a 1986 standard that was broader in scope than the Trump rule but narrower than Obama’s. U.S.
Charles Yates, attorney for the libertarian group Pacific Legal Foundation, said the new rule shows the importance of the Supreme Court case since the definition for WOTUS “shifts with each new presidential administration.”
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