Trump Prepares to Unveil a Vast Reworking of Clean Water Protections – The New York Times

Posted: Tuesday, December 11, 2018

To environmentalists, however, the proposed rule change “upends the core mission of the E.P.A., which is to protect human health and the environment,” said Bart Johnsen-Harris, who works on water policy at the Environment America, an advocacy group.

While the Obama rule would have applied federal protections to wetlands that are not adjacent to major bodies of water, or do not directly drain into them via a surface water channel, the new rule will strip away that protection. That potentially opens millions of acres of pristine wetlands to more pollution, according to Mr. Holman of the Southern Environmental Law Center.

“For wetlands, this is an absolute disaster, compared to the Obama plan,” he said. While such wetlands may not be physically next to major bodies of water, they can still drain into such larger bodies through underground networks, Mr. Holman said.

Stripping away those protections would still allow pollution to seep into the nation’s broader waterways, he said. It would also make it easier for developers to pave over such wetlands.

Federal courts had already halted the implementation of the 2015 Obama-era rules in 28 states after opponents sued to block them. However, in recent months the rules had taken effect in the other 22 states.

The wetland protection policies put in place decades ago by the first President Bush, an avid fisherman, followed on his own campaign pledge to save wetlands, saying, “all wetlands, no matter how small, should be preserved,” and proposing a “no net loss” policy. That initial policy was later weakened by Mr. Bush’s own E.P.A., but environmentalists have credited him for elevating the issue.

Fifteen years later, the second President Bush gave regulatory teeth to his father’s proposal, implementing an E.P.A. rule requiring stronger wetlands protection that his father had once envisioned.

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