Judge Deals Setback To Trump Water Agenda

A judge dealt a blow to the Trump administration’s effort to block a major Obama-era water regulation last week.

“The Obama-era Clean Water Rule became the law in 26 states [on August 16] as a federal judge in South Carolina issued a nationwide injunction on the Trump administration's delay of the regulation that defines what wetlands and waterways get federal protection,” E&E News reported.

The court ruled that the Trump administration did not follow the proper rulemaking protocol during its effort to block the enforcement of the Waters of the U.S. rule, also known as WOTUS. The court said the U.S. EPA had not abided the rules regarding public notice and comment set forth in the Administrative Procedure Act.

The injunction issued by the court “targets the Trump administration's February order suspending [WOTUS] while EPA and the Army Corps of Engineers worked up a new version [of the rule],” E&E News reported.

The court highlighted the Trump administration’s failure to comply with requirements.

"As administrations change, so do regulatory priorities. But the requirements of the APA remain the same. The court finds that the government failed to comply with these requirements in implementing the Suspension Rule," the court stated, per The Hill.

How did the administration respond to the decision?

“The Justice Department is reviewing the decision, a spokesman said, and players on both sides broadly expect an appeal. Separately, EPA said in a statement it and the Army Corps of Engineers ‘will review the order as the agencies work to determine next steps.’ But the fate of the delay rule could ultimately become moot if the federal district judge in Texas grants a nationwide injunction request,” Politico reported.

Politico framed the court battle over the delay as “a warm-up fight” in a longer war.

“The battle royale will be over the Trump administration's rule to repeal the 2015 rule, which the agency has not finalized,” the report stated.

The Southern Environmental Law Center had brought the lawsuit on behalf of various environmental groups. Southern Environmental Law Center senior attorney Geoff Gisler commented on the ruling.

"Water is a way of life in the South, where clean water is the lifeblood of our economy," he said, per E&E News. "We are thrilled the court rejected this administration's blatant attempts to undermine safeguards that are critical to our nation's welfare without being accountable to the American people."

The Obama administration framed WOTUS as necessary because it clarifies which waterways the federal government can regulate. Opponents, including congressional Republicans and the agriculture industry, argue the rule constitutes government overreach.