"The Trump administration's proposal for limiting Clean Water Act oversight of some wetlands and waterways is open for edits.
As written, the proposed rule would pull back federal protections for more than 18 percent of streams and 51 percent of wetlands. But remember: The definition of waters of the U.S., or WOTUS, proposed Tuesday is just a first draft.
EPA and the Army Corps of Engineers left clues in the proposal on how they could further limit protections before the rule is final.
For example, the administration has proposed eliminating federal protections for ephemeral streams, which flow only after rain or snowfall. And it's proposed maintaining protections for intermittent streams, including those that flow only in spring as snowpack melts or the groundwater table rises to intersect with a streambed (Greenwire, Dec. 12).
But the agencies are open to excluding intermittent streams in the final regulation. They're asking the public to comment on "whether the definition of 'tributary' should be limited to perennial waters only.""
Ariel Wittenberg reports for Greenwire December 13, 2018.
