Under the new law and its wider definition of waters for everyone’s health and environment
Under the new law and its definition, “waters of the US” in other words wetlands, lakes and rivers will qualify as federally protected more so than usual.
The EPA(Environmental Protection Agency) and the Army Corps, announced the new definitions after the debate has raged on for decades on 30 December 2022.
What is up for debate is exactly which “waters” should be protected under the Clean Water Act which was propelled into the statute book over 50 years ago.
Its purpose is to regulate the amount of water pollutants, and empowers the two formerly mentioned organisations to determine which bodies are protected by the law.
If a body of water is protected, its status is monitored and maintained in the event of oil spillage, pollution and more. Radhika Fox, the assistant administrator for the EPA’s Office fo the Water said that the new rule is intended to:
“Reduce uncertainty from changing regulatory definitions, protect people’ health, and support economic opportunity. What we are doing with this final rule is establishing a clear and reasonable definition of waters of the US.”
“We set water quality standards for lakes and streams all around the country, and that is what makes sure that if you’re swimming in that stream that it’s safe for you.”
There are also some exclusions in the new rules however, like wetlands that have been converted to cropland before 1985, waste treatment plants, ditches, human made irrigation areas, artificial lakes, ponds and pools.
Jon Devine, director of federal water policy for the Natural Resources Defence Council elaborated: “This comes at a time when we’re seeing unprecedented attack on federal clean water protections by polluters and their allies.
While the nation still has significant work to do to fully protect important waters, it’s encouraging to see the country taking a step in the right direction to protect the waters we need for everyone’s health and the environment.”
Obama administration’s broad water definition in 2015
In 2015, during the Obama administration, the EPA established a broad definition of the term WOTUS which stands for Waters of the United States to include all navigable waters like rivers and the two main oceans of Pacific and Atlantic and all lakes, rivers and marshlands across the state borders.
However the Trump administration in 2020 limited the number of waterways receiving this type of protection excluding much of the country’s wetlands and smaller waterways.
The new definitions announced recently seem to be backtracking to the similar types of protections that were in place before 2015, and adding clarity to the definition of protected waters.
So similarly to 2015, navigable waters, oceans and rivers are protected in default. Tributaries, wetlands, lake and ponds can also receive this type of protection, but they must meet standards of permanence and interconnectedness with other water bodies.
The Supreme Court decision is still left for challenging
The updated standards 2022 are mainly in response to supreme court challenges and decisions on cases that have contested the past definitions.
Because Republican Senator Shelly Moore Capito, a member of the Environment and Public Works Committee, was not so optimistic to the new rule in her statement: “Reform is badly needed for infrastructure, transportation, and energy projects of all kinds to move forward.
Unfortunately, this rule would move us backwards by making more projects subject to federal permitting requirements and adding more bureaucratic red tape.”
The Supreme Court is set to issue a decision 2023 in a case challenging the EPA’s determination that a wetland on private land in Idaho is protected under the Clean Water Act. That decision could impact future rules about WOTUS.
Changes to the definition of WOTUS during past presidential administrations have commonly given rise to lawsuits.
Source: EPA
