![]() A long-standing, but often hotly debated, environmental rule designed to protect the nation’s waterways has been given new life by the Biden Administration. What is known as the “Waters of the United States,” or the Clean Water Rule, was originally designed to provide federal protection for streams and wetlands. But the rule, as issued by the Environmental Protection Agency and U.S. Army Corps of Engineers in 2015, has been at the center of a kind of political ping-pong: the Obama Administration promoted its enforcement, while the Trump Administration sought to have it rescinded. In September of 2019 WOTUS was officially repealed, with Trump subsequently announcing a replacement to the rule the following spring. That replacement decreased the federal protection of certain streams and wetlands, while also doing away with the requirement that landowners must secure the approval of the EPA before taking on any construction projects near water bodies on their own property. Now the Biden Administration has issued a new WOTUS ruling which expands the definition of waterways and wetlands. In a joint announcement with the Army Corps of Engineers, Michael Regan, EPA Administrator, said an effort is underway to “deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.” The new ruling has won the praise of such groups as Earthjustice, which issued a statement calling it a “victory for clean wetlands, rivers, streams, and drinking water in the United States.” But other groups have expressed disappointment with the Biden Administration’s decision. The American Farm Bureau Federation is calling the ruling a “giant step in the wrong direction,” and contending that it will give to the government “sweeping authority over private lands and will require teams of lawyers and consultants for common and necessary farming activities.” While the new ruling is set to take effect at the end of February, the matter may not end there: the Supreme Court is currently reviewing the EPA’s jurisdiction under the Clean Water Act, making it possible that yet a new WOTUS definition will eventually be determined. By Garry Boulard
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