On Tuesday, August 11, 2020, a group of 24 Republican-led states and industries sued the Environmental Protection Agency (EPA) under the Trump administration in an effort to overturn a water protection rule. The Waters of the United States (WOTUS) rule was finalized in 2015 under the Obama administration and regulates pollutant discharges into U.S. waterways. The primary goal of the WOTUS rule was to help protect and restore water quality in the nation’s waters.
The EPA’s WOTUS rule defines 61 categories of waterways, including wetlands and streams, as “waters of the United States” and thus subject to federal control and regulation. The 24 states and industries argue that the WOTUS rule is overly broad and goes beyond what the Clean Water Act requires.
The states and industries involved in the lawsuit have called for the EPA to reconsider or revise the WOTUS rule to create a “simpler, more effective and less expensive rule” to protect water sources. The states feel strongly that the current regulation is costly and onerous as it requires a significant commitment from the state’s resources in order to comply with the EPA’s standards.
In response to the lawsuit, EPA administrator Andrew Wheeler stated, “We believe that WOTUS exceeded the Clean Water Act’s statutory authority, undercutting states’ authority to regulate water resources within their own borders.” Under the Trump administration’s revised WOTUS rule, bodies of water that significantly affect interstate commerce, such as the Great Lakes and Chesapeake Bay, as well as certain wetlands and streams, would continue to be regulated by the EPA.
The EPA also states that they “remain committed to implementation of the WOTUS rule.” However, their stance could change if the lawsuit proves successful. The outcome of this case could have far-reaching effects on water protection in the United States if it ultimately overturns the WOTUS rule. In the meantime, the 24 states and industries involved in the lawsuit will have to wait and see how the issue plays out in court.
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