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How the Trump Administration Could Clear Up Regulated ‘Waters’


Geee

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The Trump administration last month repealed the Obama administration’s infamous “waters of the United States” rule, by which bureaucrats tried to use the Clean Water Act to regulate almost every water imaginable.

But this repeal was just the first step in efforts by the Environmental Protection Agency and the Army Corps of Engineers to develop a new definition of “waters of the United States,” referred to as WOTUS, that is consistent with the rule of law. This definition would clarify what waters may be regulated under the Clean Water Act.

The second step, and the major one, is expected to take place within the next couple of months: The EPA and Corps will issue a final rule that includes their new definition.  

The importance of this new rule can’t be understated. For decades, the EPA and Corps struggled to develop a definition for “waters of the United States” because they consistently sought to expand their power without regard for what the Clean Water Act actually authorizes.  

This overreach directly affects Americans, from farmers plowing land and families seeking to build their dream homes to cities and counties trying to build public safety ditches to help prevent flooding. 

In February, the EPA and Corps published their proposed new definition of “waters of the United States.” To the agencies’ credit, they are doing something different: They actually are trying to respect the rule of law and the plain language of the Clean Water Act.

They are not including in the definition, for example, ephemeral waters (dry land except when it holds water a few days a year after heavy precipitation).:snip:

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