"Ahead of Major Court Case, E.P.A. Revises Clean-Water Protections"

"A new rule revives an older set of protections for rivers, marshes and waterways, setting aside changes in the Obama and Trump administrations that led to years of legal wrangling."

"WASHINGTON — The Biden administration is working to complete a clean water regulation before a Supreme Court ruling that could complicate the government’s ability to protect wetlands and other waters.

The Environmental Protection Agency rule, which was finalized on Friday, essentially reverts protections for millions of streams, marshes and other bodies of water to levels that existed before the Obama administration made major changes in 2015, leading to nearly a decade of political and legal disputes.

With the Supreme Court expected to rule next year in a major case that could reduce the government’s authority to regulate wetlands, experts called the Biden administration’s move strategic. Getting a rule on the books now gives the E.P.A. a greater chance of locking in, at least for a while, a broad definition of which waterways qualify for federal protection under the Clean Water Act."

Lisa Friedman reports for the New York Times December 30, 2022.


"EPA Broadens Protections For U.S. Waterways, Reversing Trump" (Washington Post)

"Biden WOTUS Rule Revives Decades-Old Protections" (E&E News)

"EPA Issues Revised Federal Waters Rule as Court Ruling Looms" (Bloomberg Environment)

"EPA Finalizes Water Rule That Repeals Trump-Era Changes" (AP)


Source: NYTimes, 01/02/2023