Half of river water comes from intermittent streams, say researchers
As a result of the Supreme Court decision on the upstream reach of antipollution laws, half of the water in U.S. rivers comes from so-called ephemeral streams that are now without federal protection, said researchers from the University of Massachusetts and Yale on Thursday.
White House sets goal to protect, restore 8 million acres of wetlands
As part of initiatives related to Earth Day, the Biden administration set "a bold, new national goal to protect, restore, and reconnect 8 million acres of wetlands and 100,000 miles of our nation's rivers and streams" on Tuesday. The initiative could be the overdue response to the Supreme Court decision in 2023 that limited federal protection of wetlands but only seven states are currently taking part, said an attorney active in water law.
Swampbuster rule is unconstitutional, says Iowa lawsuit
The Agriculture Department violates the Constitution by barring farmers from its support programs if they plant crops on wetlands, said an Iowa lawsuit that challenges the four-decade-old Swampbuster rule. The Pacific Legal Foundation, which won a Supreme Court decision last May that narrowed federal protection of wetlands, is one of three conservative law firms representing the plaintiff, CTM Holdings LLC.
Expect another round of ‘WOTUS whiplash,’ warns senator
The Biden administration made only minimal changes to its “waters of the United States” regulation to comply with the Supreme Court’s new and stricter definition of wetlands, and that will perpetuate litigation over the Clean Water Act, said West Virginia Sen. Shelley Moore Capito on Wednesday.
New wetlands rule fails to satisfy farm and construction groups
The Biden administration removed federal protection from an estimated half of U.S. wetlands in a regulation unveiled a week ago to comply with the Supreme Court decision shrinking the upstream reach of water pollution laws. But agricultural and construction groups said the regulation was "legally vulnerable" because the administration, in their view, did not fully carry out the ruling.
Ag, mining, construction groups ask for new wetlands rule in 45 days
Although the Biden administration says it will update its “waters of the United States” regulation by Sept. 1, it might have to act a bit faster than that under a motion filed in federal court in Texas. The motion asks the court to discard the Biden regulation entirely “and request that the agencies promulgate a new rule within 45 days.”
EPA says it will revise wetlands rule in line with Supreme Court decision
The Biden administration intends to update its “waters of the United States” regulation, which determines the upstream reach of anti-pollution laws, by Sept. 1, said the EPA on Wednesday. The revised WOTUS rule will reflect the recent Supreme Court decision that reduces federal protection of wetlands, it said.
What the Supreme Court’s ruling means for the future of U.S. wetlands
Mark Squillace, a professor of Natural Resources Law at the University of Colorado Law School, spoke with FERN's Ag Insider about how a recent Supreme Court decision will affect the nation's wetlands. This interview has been edited for length and clarity. (No paywall)
Supreme Court restricts federal protection of wetlands
In a decision that will narrow federal protection of wetlands, the Supreme Court ruled on Thursday that the 1972 clean water law applies only to marshy areas with “a continuous surface connection” to streams, oceans, rivers, or lakes. “Today’s ruling is a profound win for property rights and the constitutional separation of powers,” said the Pacific Legal Foundation, which argued the case for a couple blocked from building a home in northern Idaho. (No paywall)
Farm-state lawmakers prod EPA chief on biofuels and WOTUS
The Biden administration is turning a cold shoulder to biofuels and rural America by encouraging the use of electric vehicles, said farm-state Republicans during a complaint-filled House hearing with EPA administrator Michael Regan on Wednesday. Nebraska Rep. Don Bacon pointed to the so-called WOTUS rule on wetlands protections and declared, “Any goodwill the administration has built with farmers and ranchers is gone.”
Following a second court order, WOTUS is on hold in 26 states
Less than four months ago, the Biden administration unveiled “a durable definition” of the upstream reach of clean water laws across the country — a so-called waters of the United States (WOTUS) regulation. With a ruling on Wednesday, federal judges have enjoined implementation of the rule in 26 of the 50 states while they hear lawsuits that would void the regulation.
Stewardship program misguided in Mississippi River basin, says green group
One of USDA's largest land stewardship programs "allocates too little funding to environmentally sensitive lands in one of the most important agricultural areas in the country," said the Environmental Working Group on Wednesday. In a report, the EWG said the cost-sharing Environmental Quality Incentives Program should be reformed to make climate change its primary purpose.
Senate votes to overturn Biden’s ‘waters of the United States’ rule
The Senate joined the House on Wednesday in voting to overturn the Biden administration’s “waters of the United States” regulation, which spells out the upstream reach of water pollution laws. The White House said earlier this month that President Biden would veto the Republican-sponsored resolution of disapproval if it reached his desk.
The Army Corps’ $50 million Mississippi River restoration project
The U.S. Army Corps of Engineers is proposing a new Mississippi River restoration project, starting with a 39-mile stretch near Memphis, Tennessee, that could help save threatened and endangered aquatic animals. The agency still needs to secure $50 million in funding.(No paywall)
Republicans try congressional path to repeal WOTUS
In a long-shot tactic, Republicans in the Senate and House pressed on Thursday for a vote to overturn the Biden administration’s Waters of the United States rule, which spells out the upstream reach of water pollution laws. It was the third WOTUS rule to be issued in less than a decade. The Supreme Court is expected to rule in coming weeks on an Idaho case that would greatly limit federal protection of wetlands.
Lawsuit asks court to void Biden administration clean water rule
Seventeen farm, construction, and mining groups filed suit in federal court to overturn the Biden administration’s definition of the upstream reach of water pollution laws. They argued that the new Waters of the United States (WOTUS) rule was “so opaque, uncertain, and all-encompassing” that no one could confidently know its limits.
Biden administration defines upstream reach of clean water laws
Stepping ahead of a pending Supreme Court ruling, the Biden administration spelled out through a new regulation the upstream reach of water pollution laws, saying it would assure safe drinking water for Americans "while supporting agriculture, local economies and downstream communities." Farm and home-builder groups, who helped stall an Obama-era definition of the "waters of the United States" (WOTUS), said the Biden WOTUS rule also was a regulatory nightmare built on murky interpretations of the law.
Supreme Court hears case to limit Clean Water Act
The Supreme Court should restrict federal regulation of wetlands to marshy areas with a surface connection to a waterway — a dramatic reduction in coverage but a standard that would be easier to understand than the "significant nexus" test now in use, said a lawyer for the conservative Pacific Legal Foundation on Monday. Two justices said the court's decision, in a case involving a home site in Idaho, could rewrite wetlands regulations nationwide.
Trump announces plan to roll back WOTUS rule
President Trump announced a plan to roll back Obama-era clean water regulations that aimed to protect rivers and streams from agricultural runoff and other pollutants. It will remove vast wetlands and thousands of miles of waterways from federal protection.