Regulators propose improvements to Clean Water Act regs: CEI analysis

Today, the Environmental Protection Agency and the U.S. Army Corps of Engineers released a pre-publication copy of a supplemental notice of proposed rulemaking to help gather input on new alternatives to define “Waters of the United States” or WOTUS. This definition is critical because it informs what waters are regulated under the Clean Water Act.

Daren Bakst, Director of CEI’s Center for Energy and Environment, stated the following regarding the supplemental notice:

“The EPA and Corps should be commended for the thoughtfulness they have shown throughout this WOTUS regulatory process and their strong desire to listen to public feedback.

“The agencies have now developed new regulatory alternatives that are a product of listening to public comments.”

Bakst offers key points, pending further analysis:

• These new alternatives to define what are “waters of the United States” are far more in line with the Supreme Court’s opinion in Sackett v. EPA than what was previously proposed. In Sackett, the Court helped clarify what waters can be regulated under the Clean Water Act. The new alternatives would provide a durable WOTUS definition that will help property owners and the agencies better understand what is in fact covered under the law.
• These alternatives reflect a respect for the rule of law, common sense, and an appreciation that Congress, when it passed the Clean Water Act, envisioned states, not the federal government, playing the lead role in protecting our nation’s waters.
• For far too long, American farmers and ranchers have feared the overbroad and unreasonable application of the Clean Water Act. Homebuilders who want to construct new homes (and thereby increase the housing supply and reduce housing prices) have been stymied by the same WOTUS mayhem, making securing the necessary permits a nightmare.  Ordinary property owners have been subject to severe penalties even if an ordinary person would have never thought a “water” that could be dry land for almost the entire year counts as a “Waters of the United States.”    

“These alternatives should put an end to these problems,” said Bakst. “Most policymakers and Americans want meaningful permitting reform. A proper definition of WOTUS, which these alternatives look to provide, is a critical way to help make that happen.”