Feb 28, 2017:
Trump issued an executive order entitled "Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule".
The "Waters of the United States" rule referenced in the executive order is the Clean Water Rule.
The executive order directs the Environmental Protection Agency and the U.S. Army Corps of Engineers to review the Clean Water Rule in the context of "promoting economic growth" and "minimizing regulatory uncertainty," and other factors.
By issuing this order Trump said he is "paving the way for the elimination" of the Clean Water Rule. He also said:
It [the Clean Water Rule] was a massive power grab...Regulations and permits started treating our wonderful small farmers and small businesses as if they were a major industrial polluter. They treated them horribly.
Source:
Kennedy, Merrit; Phillips, Susan. (February 28, 2017). "Trump Aims To 'Eliminate' Clean Water Rule". NPR. Retrieved 2017-04-28.
What President Trump’s New Order Means for Clean Water | Time
Jan 19, 2016:
President Obama vetoed "S.J.Res.22 - A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to the definition of "waters of the United States" under the Federal Water Pollution Control Act.", legislation that would overturn the Clean Water Rule which was finalized on May 27, 2015.
In his "Veto Message from the President -- S.J. 22" Obama said:
I am returning herewith without my approval S.J. Res. 22, a resolution that would nullify a rule issued by the Environmental Protection Agency and the Department of the Army to clarify the jurisdictional boundaries of the Clean Water Act. The rule, which is a product of extensive public involvement and years of work, is critical to our efforts to protect the Nation's waters and keep them clean; is responsive to calls for rulemaking from the Congress, industry, and community stakeholders; and is consistent with decisions of the United States Supreme Court.
We must protect the waters that are vital for the health of our communities and the success of our businesses, agriculture,and energy development. As I have noted before, too many of our waters have been left vulnerable. Pollution from upstream sources ends up in the rivers, lakes, reservoirs, and coastal waters near which most Americans live and on which they depend for their drinking water, recreation, and economic development. Clarifying the scope of the Clean Water Act helps to protect these resources and safeguard public health. Because this resolution seeks to block the progress represented by this rule and deny businesses and communities the regulatory certainty and clarity needed to invest in projects that rely on clean water, I cannot support it. I am therefore vetoing this resolution.
S.J.Res.22 passed the U.S. Senate on November 4, 2015 by a vote of 53-44.
S.J.Res.22 passed the U.S. House of Representatives (under the "Congressional Review Act") on January 13, 2016 by a vote of 253-166.
Obama vetoes GOP attempt to block water rule | The Hill
Sep 4, 2015:
Judge Ralph Erickson of the North Dakota U.S. District Court ruled against the request by thirteen states to halt the implementation of the Clean Water Rule in all 50 U.S. states.
Judge won't halt water rule nationwide | The Hill
Sep 1, 2015:
The thirteen states remaining in the lawsuit against the EPA filed a request to halt the implementation of the Clean Water Rule in all 50 U.S. states (not just the thirteen states) until the lawsuit has been decided.
States: Obama water rule should be blocked nationwide | The Hill
Aug 27, 2015:
A federal judge in North Dakota issued a preliminary injunction which prevents the EPA from starting enforcement of its Clean Water Rule.
Federal judge blocks Obama’s water rule | The Hill
Jun 29, 2015:
Eighteen U.S. states are suing the Obama administration over the Clean Water Rule announced on May 27, 2015. The states have formed three groups and have filed lawsuits in three different federal courts (Bismarck, North Dakota, Columbus, Ohio, and Houston, Texas).
States sue to block Obama's water rule | The Hill
Jun 18, 2015:
NPR's The Diane Rehm Show aired a one-hour program entitled "What New Rules On Water Pollution Mean For Health, Business And The Environment".
Diane's guests were:
- Annie Snider, reporter covering water issues for Greenwire and E&E Daily
- Don Parrish, senior director of regulatory relations for the American Farm Bureau Federation whose primary area of responsibility is dealing with issues involving the Clean Water Act
- Ken Kopocis, deputy assistant administrator, Office of Water, Environmental Protection Agency
On the program Ken Kopocis stated that because of two U.S. Supreme Court cases, one in 2001 and another in 2006, there are too many situations where it's unclear as to whether the Clean Water Act of 1972 does or does not apply. He also said:
In particular, there are about 60 percent of the waters of the United States that only flow seasonally or when it rains, and these waters actually provide the drinking water for some or all of one in three Americans or some 117 million people.
May 27, 2015:
The U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers finalized a Clean Water Rule under the Clean Water Act of 1972 to protect streams and wetlands in the United States from pollution and destruction. The rule clarifies what types of bodies of water are covered by the Clean Water Act of 1972. The rule was put in place so agricultural producers (farmers), ranchers, foresters, and others will know exactly when the Clean Water Act of 1972 applies, and when it doesn’t.
Specifically, the rule:
- defines "tributaries" more clearly by stating "a tributary has to show physical features of flowing water to warrant protection"
- clarifies the meaning of "ditches" stating "ditches that are not constructed in streams and that flow only when it rains are not covered"
- defines physical, measurable limits for the first time, "For example, an adjacent water is protected if it’s within the 100-year floodplain and within 1,500 feet of a covered waterway."
The rule does not:
- "add any new permitting requirements for agriculture"
- "protect new kinds of waters that the Clean Water Act didn’t historically cover"
- "regulate most ditches and excludes groundwater, shallow subsurface flows, and tile drains"
- "change policy on irrigation or water transfers"
- "touch land use or private property rights"
- "touch long-standing Clean Water Act exemptions and exclusions for agriculture" (normal farming and ranching activities like planting, harvesting, and moving livestock)
Source:
McCarthy, Gina; Darcy, Jo-Ellen. (May 27, 2015). "Protecting Clean Water While Respecting Agriculture". EPA Connect. Retrieved 2015-06-18.
Reasons We Need the Clean Water Rule | EPA Connect
President Obama asserts power over small waterways | The Hill
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