Unraveling The Clean Water Rule Will Take Time

Federal officials have launched an effort to kill the Clean Water Rule, the top water-policy achievement of the Obama administration, but it could take a while before the rule is amended or entirely lifted from the books.

The U.S. EPA “has formally began the process to withdraw the Clean Water Rule, as prescribed by executive order. Meetings among the EPA, governors, and other state and local environmental regulators have begun,” according to Jordan Rasmussen, a policy associate for the Center for Rural Affairs, in a report published by The St. Louis American reported.

“The issuance of a draft rule of repeal is only the first phase to withdraw and replace the 2015 Clean Water Rule. Before the rule can be rescinded, there must be a review of the rule, a public comment period, and justification for repeal as demonstrated through law and scientific evidence. Additional time will be required to draft and review any new definitions and rules brought forth by the EPA,” the report said.

Following through on a campaign promise, President Trump moved earlier this year to begin dismantling the rule, also known as Waters of the U.S. (WOTUS). He issued an executive order defining policy goals around water issues and instructing the head of the EPA to review the Clean Water Rule for consistency with those goals. The policy goals, as stated in the order:

It is in the national interest to ensure that the Nation's navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

Under EPA Administrator Scott Pruitt, the agency is seeking input on WOTUS from water stakeholders, including governors, according to a letter signed by Pruitt posted by E&E News. He raised the possibilities of “rescinding or revising” the rule.

"Consulting with state and local government officials, or their representative national organizations, is a priority for us and President Trump," the letter said.

WOTUS backers say it clarifies which waters the U.S. EPA can regulate under the Clean Water Act. They argued that this issue has become increasingly unclear due to court decisions.

The agriculture sector and the GOP frame the rule, currently unenforceable due to a court stay, as a government power grab that would hurt the economy.