The Biden administration said on Friday that it’ll take a two-step approach to decide which U.S. waters should get federal protections from pollution, returning first to pre-Obama protections.
A statement from the Environmental Protection Agency (EPA) said that a “forthcoming foundational rule” would temporarily restore protections that were in place prior to an Obama-era expansion in 2015.
Last year, the Trump administration put forward a rule that undermined both the Obama-era protections as well as protections for wetlands put in place during the George H.W. Bush administration.
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It appears that the step announced by the EPA on Friday would be a middle ground between the Obama- and Trump-era rules.
The agency said that its initial rule would contain some “updates” to account for decisions issued by the Supreme Court.
The second step would be an additional rule that will “refine this regulatory foundation” and create “an updated and durable definition of ‘waters of the United States,'” the agency said.
The definition of what’s considered U.S. water is important because it governs which waters get protections from pollution under the Clean Water Act.
“We are committed to crafting an enduring definition of WOTUS by listening to all sides so that we can build on an inclusive foundation,” Administrator Michael Regan
Michael ReganOvernight Energy: Manchin grills Haaland over Biden oil and gas review | Biden admin reportedly aims for 40 percent of drivers using EVs by 2030 | Lack of DOD action may have caused ‘preventable’ PFAS risks Nearly 140 Democrats urge EPA to ‘promptly’ allow California to set its own vehicle pollution standards Overnight Energy: Democrats request interview with Exxon lobbyist after undercover tapes | Biden EPA to reconsider Trump rollback on power plant pollution in 2022 | How climate change and human beings influence wildfires MORE said in a statement, referring to the Waters of the United States rule.
The statement also said that the administration will try to engage with stakeholders, including through 10 regional roundtables.
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The administration previously announced last month that it would revise the Trump-era rule, saying that the rule is “leading to significant environmental degradation.”
Specifically, acting Assistant Secretary of the Army for Civil Works Jaime Pinkham said that the Trump rule caused a 25 percentage point drop in decisions that waters should get Clean Water Act protections.
But Regan has also vowed not to return “verbatim” to the Obama-era regulation, saying that both the Obama- and Trump-era rules “did not necessarily listen to the will of the people.”
