Santa Cruz Sentinel

EPA finalizes water rule that repeals Trump-era changes

- By Jim Salter and Michael Phillis

>> President Joe Biden's administra­tion on Friday finalized regulation­s that protect hundreds of thousands of small streams, wetlands and other waterways, repealing a Trumprule that federal courts had thrown out and that environmen­talists said left waterways vulnerable to pollution.

The rule defines which “waters of the United States” are protected by the Clean Water Act. For decades, the term has been a flashpoint between environmen­tal groups that want to broaden limits on pollution entering the nation's waters and farmers, builders and industry groups that say extending regulation­s too far is onerous for business.

The Environmen­tal Protection Agency and the Department of the Army said the reworked rule is based on definition­s that were in place prior to 2015. Federal officials said they wrote a “durable definition” of waterways to reduce uncertaint­y.

In recent years, however, there has been a lot of uncertaint­y. After the Obama administra­tion sought to expand federal protection­s, the Trump administra­tion rolled them back as part of its unwinding of hundreds of environmen­tal and public health regulation­s. A federal judge rejected that effort. And a separate case is currently being considered by the Supreme Court that could yet upend the finalized rule.

“We have put forward a rule that's clear, it's durable, and it balances that protecting of our water resources with the needs of all water users, whether it's farmers, ranchers, industry, watershed organizati­ons,” EPA Assistant Administra­tor for Water Radhika Fox told The Associated Press.

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