Final rule announced; what it says and what comes next.
Final Rule Announced.
On January 23rd, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) announced a final “Waters of the U.S. Rule.” This rule replaces a 2015 Rule, which clarified the extent of jurisdictions for clean water act protections. This new 2020 rule not only reverses the clarifications made in the 2015 rule, but further reverses protections that have been in place dating back to the 1970s.
What it Means?
We are awaiting publication of the final rule and will need to review in detail once available.
Based on our reading of the proposed rule (we will update this after we review the final rule), the new rule would end Clean Water Act protections for millions of stream miles in the country – streams that contribute to the drinking water supplies of 117 million Americans and provide essential fish and wildlife habitat that support a robust outdoor recreation economy worth $887 billion. The rule would also erase protections for millions of acres of wetlands, a critical part of functioning watersheds, including groundwater recharge, pollution filtration, as well as protecting communities from flooding. In eliminating these protections, the new 2020 Rule would deregulate a host of development activities, such as pipeline construction that will, over time, degrade hunting and fishing opportunities in every state in the country
Stay tuned for more.
What comes next? How can TU members engage?
Because this is a “final” rule, there is no additional opportunity for comment with the agencies. However, there are still things that you can do to help voice your concerns about this rule and related attacks on clean water protections.
Write to Congress & Your Governors:
Congress: Tell your members of Congress that you are angry about this rule and other attacks on the Clean Water Act and concerned about protecting our nations’ waters. Urge them to oppose any legislative proposals to further weaken protections and urge them to do everything in their power to protect clean water.
Governors: Tell your Governors that you are concerned about rollbacks for protections of waters in your state. Many states will challenge this new rule in court. Urge your Governors to join a challenge against this rule and do everything in their power to protect state waters.
