New rule removes certain bodies of water from federal regulation


Photo by Jason Johnson Iowa NRCS, flickr

Tyler Chalfant | January 28th, 2020

The Trump Administration finalized the replacement of another Obama-era environmental regulation last week. Under the Clean Water Act, the 2015 “Waters of the United States” rule placed limits on polluting chemicals that could be used near streams, wetlands, and other bodies of water. 

The rule, which impacted farmers, rural landowners, and real estate developers, was repealed in September of last year. President Trump has called it “one of the worst examples of federal” overreach, and now has replaced it with the “Navigable Waters Protection Rule.” 

This rule limits federally regulated waters to four categories: the territorial seas and traditional navigable waters; perennial and intermittent tributaries to those waters; certain lakes, ponds, and impoundments; and wetlands adjacent to jurisdictional waters. It also excludes from federal jurisdiction wetlands, previously converted cropland, and waste treatment systems. 

Spokesmen for the American Farm Bureau Federation and the American Gas Association celebrated the new rule for its limiting of federal power. Environmental groups have warned, however, that the change could put the drinking water of millions of Americans at risk of contamination. A panel of government appointed scientists said earlier this month that the rule “neglects established science” by excluding certain bodies of water.

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