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EPA’s rationale for withdrawing the Clean Water Rule is dead wrong. Here’s why.

The Clean Water Rule was established to clarify which bodies of water are protected by the federal Clean Water Act of 1972. (Photo Credit: Geoff Livingston)

We live in a nation of laws and rules for a reason. They make democracy possible.

That’s why Environmental Defense Fund last week submitted public comments on the Clean Water Rule, which the Trump Administration is proposing to rescind.

The Clean Water Rule, also known as Waters of the United States (WOTUS), was established in 2015 by the U.S. Environmental Protection Agency and Army Corps of Engineers to clarify which bodies of water are protected by the federal Clean Water Act of 1972.

Soon after it was enacted, stakeholder groups sued – practically standard practice anytime a significant policy is put forward. We recognize the different opinions around WOTUS, but aversion to controversy is not basis for setting policy.

And yet, that’s what the EPA is trying to do – remove a policy not because it is unlawful, but because it is under litigation, which the EPA claims “produces uncertainty.” Read More »

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