The rollback of the 2015 measure, known as the Waters of the United States rule, adds to a lengthy list of environmental rules that the administration has worked to weaken or undo over the past 2 1/2 years. Those efforts have focused heavily on eliminating restrictions on fossil fuel pollution, including coal-fired power plants, automobile tailpipes, and oil and gas leaks, but have also touched on asbestos and pesticides.
An immediate effect of the repeal is that polluters will no longer need a permit to discharge potentially harmful substances into many streams and wetlands. But the measure, which is expected to take effect in a matter of weeks, has implications far beyond the pollution that will now be allowed to flow freely into waterways.
The Obama administration implemented the rule in response to a Supreme Court ruling that opened the door to a more expansive legal definition of “waters of the United States” under the 1972 Clean Water Act. With Thursday’s announcement, the Environmental Protection Agency is aiming to drastically narrow that definition, a move that could be difficult for future administrations to undo.
Patrick Parenteau, a professor of environmental law at the University of Vermont, said that, for conservative states and leaders who hold the view that the Clean Water Act has been burdensome for farmers and industry, “this is an opportunity to really drive a stake through the heart of federal water protection.”
Overhauling the rule had been a central campaign pledge for President Donald Trump, who characterized it as federal overreach that impinged on the rights of farmers, rural landowners and real estate developers to use their properties as they see fit. Trump signed an executive order in the early days of his administration directing federal agencies to begin the work of repealing and replacing it.
“Today’s final rule puts an end to an egregious power-grab,” Andrew Wheeler, the administrator of the EPA, said Thursday in a news conference to announce the repeal.
This article originally appeared in
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