EPA suspends Waters of the US rule pending new version

February 15th, 2018 by Dakota Software Staff

The Environmental Protection Agency recently took a major step forward in a process that was initiated soon after President Donald Trump took office. The Waters of the United States rule, developed under the Obama administration, defined which bodies of water the federal government could protect from pollution and other types of alteration and damage, The New York Times said. Scott Pruitt, chief EPA administrator, Trump and other influential people within the current administration believed the rule inflicted undue harm on farmers and many other businesses that operate near and use these waters in their day-to-day operations.

An EPA rule protecting bodies of water was recently delayed for two years pending the writing of a new regulation.

A major delay and likely replacement

The specific action taken by Pruitt involved suspending the WOTUS rule for two years, meaning it isn't yet off the books. However, the EPA and the White House have both indicated plans to eventually replace the current rule with one more friendly to businesses. Although the details of that new environmental regulation aren't totally clear, a loosening - if not complete replacement - of the current requirements is likely.

The rule was originally established in 2015, although it hasn't yet been enforced. Legal challenges meant it was tied up in the courts, although a recent decision by the U.S. Supreme Court would have likely led to implementation during 2018. The EPA has two years to act before the original regulations would come into effect, but it appears Pruitt doesn't plan on wasting much time. He told Reuters the plan is to develop the new regulation by the end of the year.

"Today, EPA is taking action to reduce confusion and provide certainty to America's farmers and ranchers," Pruitt said in a press release. "The 2015 WOTUS rule developed by the Obama administration will not be applicable for the next two years, while we work through the process of providing long-term regulatory certainty across all 50 states about what waters are subject to federal regulation."

With a timeline in place, there's little chance the 2015 WOTUS rule will survive its two-year suspension. This development led a group of states and environmental organizations to take legal action against the Trump administration for allegedly violating required legal processes and not following through on the EPA's legal requirement to keep water supplies safe, The Hill reported. Suits were filed in multiple courts, although it's too early to have any indication of their potential outcome.