President Donald Trump is making good on a campaign promise to reverse a key environmental achievement of former President Barack Obama.
Trump on Tuesday signed an executive order targeting the controversial Waters of the United States rule, also known as the Clean Water Rule, as he advances his assault on the Environmental Protection Agency and environmental protections. Another executive order targeting Obama’s Clean Power Plan could be signed as soon as this week, according to previous reports.
Advertisement
Tuesday’s order instructs the EPA and Army Corps of Engineers to “review and reconsider” the rule, according to The Washington Post and other media outlets. Final language has not yet been released.
The rule, implemented in 2015, was intended to clarify which of the nation’s waterways should be protected under the federal Clean Water Act. It includes streams, wetlands and other smaller waterways that collectively provide drinking water for an estimated 117 million people — one in three Americans, according to the EPA.
The rule has been tied up in courts, however, with some 31 states, businesses and agricultural groups characterizing it as federal government overreach that would cripple industry.
A vocal critic of the rule has been EPA Administrator Scott Pruitt, who as Oklahoma attorney general sued the EPA over the rule, claiming it was unconstitutional and burdensome to farmers, developers and property owners. Pruitt reiterated his opposition to the rule, during an address at the Conservative Political Action Conference over the weekend, citing it as an example of overregulation.
Advertisement
Despite the Trump administration’s strong opposition to the rule, reversing it is no easy matter, triggering a new, potentially lengthy, rule-making process.
“It’s going to be hard to walk away from the huge scientific record the rule is based on,” Jon Devine, senior attorney at the Natural Resources Defense Council, told HuffPost. “If they try to run away from the legal test, that would be not only bad policy, but terrible law.”
Nevertheless, the order makes it clear that the Trump administration will attempt to do just that. The order urges the EPA and Army Corps of Engineers to consider limiting protected waterways to larger, navigable bodies of water. That definition would be consistent with what the late Supreme Court Justice Antonin Scalia wrote in the 2006 Rapanos v. United States case. That opinion, Devine pointed out, was shared by only four of the court’s justices.
“It would blow a huge hole in the middle of the Clean Water Act,” Devine said. “If those waters are off limits, the act will be virtually ineffective.”
Advertisement
Former EPA Administrator Gina McCarthy also criticized the executive order. In light of reports of major EPA budget cuts, she characterized the order as giving “the illusion they’re fulfilling a campaign promise to gut the EPA.”
“Only a new rule based on a new record can make current rules go away,” McCarthy said in a statement. “The only thing these orders do is make clear this administration will defer needed public health protections for the American people for the sake of partisan politics.”
Others applauded Trump’s order.
American Farm Bureau Foundation President Zippy Duvall called Trump’s action “welcome relief to farmers and ranchers across the country.” The rule “has proven to be nothing more than a federal land grab, aimed at telling farmers and ranchers how to run their businesses,” Duvall said in a statement.
But not all agriculture groups were united in their support of Trump’s order.
Tom Driscoll, a spokesman for the National Farmers Union, said his organization opposed the clean water rule and supports its repeal. But he expressed concern with how the Trump administration will approach a revamp.
“I don’t think we’ve seen a lot to make us confident that this administration will revisit this rule in careful way that recognizes peoples’ concerns and protects shared water resources,” Driscoll told HuffPost.
Advertisement
―-
Joseph Erbentraut covers promising innovations and challenges in the areas of food, water, agriculture and our climate. Follow Erbentraut on Twitter at @robojojo. Tips? Email joseph.erbentraut@huffingtonpost.com.
Our 2024 Coverage Needs You
It's Another Trump-Biden Showdown — And We Need Your Help
The Future Of Democracy Is At Stake
Our 2024 Coverage Needs You
Your Loyalty Means The World To Us
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
The 2024 election is heating up, and women's rights, health care, voting rights, and the very future of democracy are all at stake. Donald Trump will face Joe Biden in the most consequential vote of our time. And HuffPost will be there, covering every twist and turn. America's future hangs in the balance. Would you consider contributing to support our journalism and keep it free for all during this critical season?
HuffPost believes news should be accessible to everyone, regardless of their ability to pay for it. We rely on readers like you to help fund our work. Any contribution you can make — even as little as $2 — goes directly toward supporting the impactful journalism that we will continue to produce this year. Thank you for being part of our story.
It's official: Donald Trump will face Joe Biden this fall in the presidential election. As we face the most consequential presidential election of our time, HuffPost is committed to bringing you up-to-date, accurate news about the 2024 race. While other outlets have retreated behind paywalls, you can trust our news will stay free.
But we can't do it without your help. Reader funding is one of the key ways we support our newsroom. Would you consider making a donation to help fund our news during this critical time? Your contributions are vital to supporting a free press.
As Americans head to the polls in 2024, the very future of our country is at stake. At HuffPost, we believe that a free press is critical to creating well-informed voters. That's why our journalism is free for everyone, even though other newsrooms retreat behind expensive paywalls.
Our journalists will continue to cover the twists and turns during this historic presidential election. With your help, we'll bring you hard-hitting investigations, well-researched analysis and timely takes you can't find elsewhere. Reporting in this current political climate is a responsibility we do not take lightly, and we thank you for your support.
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. Would you consider becoming a regular HuffPost contributor?
Dear HuffPost Reader
Thank you for your past contribution to HuffPost. We are sincerely grateful for readers like you who help us ensure that we can keep our journalism free for everyone.
The stakes are high this year, and our 2024 coverage could use continued support. If circumstances have changed since you last contributed, we hope you'll consider contributing to HuffPost once more.