EPA moves to narrow regulation of US waterways

By Valerie Volcovici

The U.S. Environmental Protection Agency announced on Wednesday that it will narrow the definition of waters that can be federally regulated to comply with a 2023 Supreme Court decision, a move cheered by Republican lawmakers in agricultural states.

EPA Administrator Lee Zeldin said the agency will work to craft a definition "that is simple and durable and withstands the test of time."

“The previous administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business," he said.

The announcement is the latest development in what Zeldin described as a "ping pong" of changing policies around the regulation of "waters of the United States" that are protected under the 1972 Clean Water Act from pollutants like fertilizers, pesticides and mining waste.

Under the Obama and Biden administrations, the EPA had tried to expand the types of waters regulated to wetlands and streams amid heavy opposition from industry, the agriculture sector and Republican lawmakers who called it an overreach.

The 2023 Sackett vs. EPA case created a clear standard that restricts the EPA and Army Corps of Engineers' ability to regulate certain types of wetlands that do not connect with a navigable waterway and streams.

“Delivering a framework that is both clear and legally sound, refining key definitions and rescinding prior vague and inconsistent guidance brings predictability to those who rely on clear and workable water regulations," said West Virginia Senator Shelley Moore Capito, chair of the Senate environment committee.

Environmental groups have warned that narrowing the definition of regulated waterways would have a detrimental effect on wetland protection.

"The Trump EPA is giving a green light for industrial agriculture to further pollute and drain valuable wetlands that currently provide substantial benefits to communities, including flood protection and clean drinking water," Stacy Woods, research director for the Food and Environment Program at the Union of Concerned Scientists, said in a statement.

Farm groups have long supported a rollback on what they argue are costly and burdensome water regulations.

The EPA move is a "crucial step in correcting years of regulatory overreach and continuous uncertainty for farmers, ranchers, and rural communities," Glenn "G.T." Thompson, chair of the House Agriculture Committee, said in a statement.

Zippy Duvall, president of the American Farm Bureau Federation, said in a statement that he was pleased the agency had listened to farmers' concerns.