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Staatssecretaris Landbouw
Landmark EPA Ruling Expands Clean Water Act Protections to Wetlands and Tributaries
New Decision Strengthens Protections for Sensitive Ecosystems
Impact on Industries and Landowners
The Environmental Protection Agency (EPA) issued a final rule on December 13, 2022, redefining “waters of the United States” under the Clean Water Act (CWA). This landmark decision broadens the scope of waters protected under the CWA, strengthening safeguards for vital ecosystems like wetlands and small tributaries.
The CWA regulates the discharge of pollutants into navigable waters, but the definition of what constitutes “navigable waters” has long been subject to debate. The new rule clarifies that wetlands adjacent to navigable waters or tributaries, and tributaries that flow into navigable waters, are within the CWA's jurisdiction.
This expanded definition significantly increases the number of water bodies protected under the CWA, potentially affecting industries, landowners, and developers. Industries that discharge pollutants into these newly protected waters must now comply with the CWA's permitting requirements.
Ecological Benefits
The EPA estimates that the new rule will protect an additional 200 million acres of wetlands and 1.2 million miles of streams. Wetlands provide critical ecological functions, including filtering water, storing floodwaters, and providing habitat for wildlife. Protecting these ecosystems is essential for maintaining biodiversity and ensuring water quality.
Small tributaries play a vital role in transporting water and pollutants downstream. By protecting these tributaries, the new rule helps safeguard the health of larger water bodies and downstream communities that rely on them for drinking water, recreation, and economic activities.
Economic Impacts
The new rule may have economic implications for businesses and landowners. Industries that discharge pollutants into newly protected waters will need to obtain permits and comply with CWA regulations. Landowners may face restrictions on development or land use in areas adjacent to protected wetlands or tributaries.
However, the EPA emphasizes that the rule also provides clarity and certainty for businesses and landowners by establishing clear boundaries for CWA jurisdiction. The agency estimates that the rule will have a positive economic impact by reducing flooding, improving water quality, and supporting recreation and tourism industries.
Legal Challenges
The new rule is likely to face legal challenges from industry groups and conservative states that oppose federal overreach in environmental regulation. Similar efforts to expand CWA jurisdiction in the past have been met with legal battles.
The EPA is confident that the new rule is legally sound and will withstand legal scrutiny. The agency has conducted extensive scientific research and legal analysis to support its definition of “waters of the United States.” The Biden administration has also made restoring environmental protections a priority, and the EPA is expected to vigorously defend the new rule.
The outcome of any legal challenges will have significant implications for the future of water quality protection in the United States. The EPA's new rule represents a major step towards ensuring that our nation's wetlands and tributaries are safeguarded for future generations.