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The rule, which impacted farmers, rural landowners, and real estate developers, was repealed in September of last year.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.

Iowa joins 13 other states challenging EPA water rule


The Raccoon River near Walnut Woods States Park in Des Moines, Iowa. (Christine Warner Hawks/Flickr)
The Raccoon River near Walnut Woods State Park in Des Moines, Iowa. (Christine Warner Hawks/Flickr)

Nick Fetty | November 18, 2015

Governor Terry Branstad announced Tuesday that Iowa will join 13 other states in challenging the U.S Environmental Protection Agency’s Waters of the U.S. (WOTUS) rule.

The challenge is part of a current court case in the U.S. District Court of North Dakota Southwestern Division against the EPA and the Army Corps of Engineers. In a press statement, Branstad called the rule “a federal overreach that imposes significant barriers and impairs Iowa’s ability to advance innovative, water quality practices that would actually advance our common goal of water quality.”

Lt. Governor Kim Reynolds said the rule is “an overreach by the federal government that hurts Iowa farmers and small businesses” and applauded efforts by Iowa senators Chuck Grassley and Joni Ernst and other Iowa congressional delegates to combat the rule. She said she hopes the rule is withdrawn so “Iowa can continue to improve water quality through the collaborative and innovate Nutrient Reduction Strategy.”

Iowa Secretary of Agriculture Bill Northey said, “The misguided WOTUS rulemaking process has created uncertainty and has threatened to impede our efforts to get conservation and water quality practices on the ground. Joining this lawsuit is the right thing to do and I hope that ultimately the courts will overturn the rule.”

Federal officials say the rule is necessary “to limit pollution in small waterways and wetlands that 117 million Americans depend on for drinking water.”

Other states challenging the rule include: Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, and Wyoming.