A new rule governing federally protected waters and wetlands was issued Tuesday by the EPA to align agency regulations with a US Supreme Court ruling that will allow unpermitted development in wetlands across the country.
The rule revises the Biden administration’s earlier waters of the US, or WOTUS, definition finalized in January, removing its legal basis, which was struck down by the Supreme Court in May in Sackett v. EPA.
President Richard Nixon vetoed the Clean Water Act in 1972. But Congress overrode him on a bipartisan vote, and the landmark law to reverse the toxic degradation of U.S. rivers, lakes and streams took effect half a century ago today.
The law was inspired in part by the notorious 1969 Cuyahoga River fire in Ohio, in which the river itself, laden with oil and other industrial pollutants, went up in flames.
For decades, the Supreme Court struggled to define a key term at the heart of the Clean Water Act, the landmark 1972 legislation that forms the backbone of America’s efforts to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.”
It’s an admittedly difficult question, that is now in the hands of the most conservative Supreme Court since the 1930s. And the Court’s Republican-appointed supermajority seems poised to deal a severe blow to the clean water law, in a case that could do significant harm to America’s efforts to prevent floods and to ensure that everyone in the country has access to safe drinking water.
The Water News Network is San Diego County’s source for water news and information.
