NEIWPCC recently submitted a letter to the U.S. Environmental Protection Agency (EPA) and the U.S. Department of the Army, commenting upon the proposed rule that helps determine what is defined as “Waters of the United States” (WOTUS), and thus subjected to federal regulation as part of the U.S. Clean Water Act.
In this letter, NEIWPCC supports and amplifies our member states’ voices, that WOTUS determinations be based upon the consensus of scientific findings, especially those that are needed to protect sensitive waterways such as ephemeral streams.
Due to a recent court decision vacating the most recent 2019 Rule, WOTUS regulations have now been defaulted to 1980s era statutes. Currently, the EPA and Army Corps of Engineers have asked for public comments on their two-step rulemaking process. The first step is concerned with establishing guidelines that would update and replace the current Rule; step two is focused on implementing a system where the Rule may be updated or amended.
Over the last decade, there have been many challenges to WOTUS, as federal administrations have fought to both to limit and refine, or expand, the WOTUS Rule. The Supreme Court of the United States has weighed in on the process and interpretation of legal challenges to WOTUS. Although states reserve the right to determine their own regulations, federal regulations often serve as a backstop against bordering states that may greatly differ within regulatory practices. As such, the Rule has impacts to waterbodies such as lakes, streams, and both fresh and saltwater wetlands.