Thursday saw a major win for jobs in Alabama and across the nation, as the Trump administration eliminated yet another of the Obama administration’s overly burdensome, environmentalist-driven executive actions.
Environmental Protection Agency (EPA) Administrator Andrew Wheeler and Department of the Army Assistant Secretary of the Army for Civil Works R.D. James officially announced that the two agencies are repealing a 2015 rule that would have significantly expanded the definition of “waters of the United States” (WOTUS) under the Clean Water Act.
The rule has been mired in court battles since it was proposed by Obama administration bureaucrats, but now the uncertainty and turmoil is no more — at least in its current form.
The Trump administration, temporarily, will now unambiguously return to the regulatory text that existed before the proposed 2015 rule.
Thursday’s action is the completion of the first step — “Step 1” — in a two-part rule-making process to newly define the scope of “waters of the United States” that are regulated under the Clean Water Act.
“Step 2,” proposing a new replacement WOTUS definition that would clearly define where federal jurisdiction begins and ends in accordance with the Clean Water Act and Supreme Court precedent, was already proposed in December 2018.
A public comment period occurred earlier this year, and a final rule could come later in 2019. In the Trump administration proposal, the agencies provided a clear definition of the difference between federally regulated waterways and those waters that rightfully remain solely under state authority.
Thursday’s news was met with praise from job creators and pro-growth elected officials in the Yellowhammer State, including the Alabama Farmers Federation.
According to ALFA president Jimmy Parnell, the Trump administration’s announcement of a fresh start for clean water and clear rules equals victory for farmers, ranchers and landowners.
“As farmers and ranchers, we share the goal of protecting the nation’s waters, but the 2015 Waters of the U.S. (WOTUS) rule was unlawful and unworkable,” Parnell said in a statement. “It made conservation more difficult and created huge liabilities for farmers.”
The American Farm Bureau, including its state affiliate via the Alabama Farmers Federation, and an array of commonsense allies have worked tirelessly since 2015 to finalize a new WOTUS rule that safeguards the nation’s bodies of water and provides clear, reasonable rules for states, farmers, ranchers, small businesses and every day citizens to follow.
“No regulation is perfect, and no rule can accommodate every concern, but the 2015 rule was especially egregious,” Parnell added. “We are relieved to put it behind us. We are now working to ensure a fair and reasonable rule that protects our water and our ability to work and care for the land.”
In a statement, Senator Richard Shelby (R-AL) commented, “The EPA’s decision to repeal the burdensome WOTUS rule is great news for Alabama farmers and businesses.”
“I am grateful this administration has worked to reduce unnecessary regulations on the hardworking people of our state,” he noted.
Congressman Bradley Byrne (AL-01) added his thoughts, praising the repeal.
“Today’s announcement is great news for Alabama farmers and landowners who have been justifiably concerned by the legally dubious and overly burdensome WOTUS rule,” the coastal Alabama congressman said.
“This misguided regulation would have expanded federal jurisdiction far beyond what the Clean Water Act intended and amounted to a power grab by government bureaucrats,” Byrne emphasized.
He concluded, “I thank President Trump for delivering on this campaign promise, and I am committed to advocating for policies that empower people, not Washington bureaucrats, to protect our land and water.”
Read more on WOTUS here.
Sean Ross is the editor of Yellowhammer News. You can follow him on Twitter @sean_yhn
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