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FIRST ON FOX: EPA Administrator Lee Zeldin will announce Monday a revamp of the widely criticized Waters of the United States (WOTUS) rule – a regulation that, in one case, left an Idaho couple facing potential fines of $33,000 per day for building a home on “soggy” ground.
WOTUS was drafted during the Nixon administration under the Clean Water Act to regulate and protect wetlands, more broadly define “navigable waters” and protect public health, before the Obama and Biden administrations extended its reach to where landowners feared the EPA could swoop in at any moment and usurp control of their lands.
“When it comes to the definition of ‘waters of the United States,’ EPA has an important responsibility to protect water resources while setting clear and practical rules of the road that accelerate economic growth and opportunity,” Zeldin said in a statement.
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The Obama administration greatly broadened WOTUS’ definitions, before the Trump administration relented some of those new regulations – to which the Biden administration again greatly expanded federal jurisdiction over areas of land that could include ephemeral streams, and low-lying spots prone to naturally-collecting water that could be found to have a “significant nexus” to navigable water.
The EPA said Monday that the new rule, drawing on a court decision in favor of exasperated landowners, is delivering on another Trump administration promise to provide regulatory clarity while also protecting America’s waterways.
The rule, crafted in concert with Assistant Secretary of the Army for Civil Works Adam Telle, will provide long-term economic relief for farmers and ranchers who spent years wondering whether a simple “puddle [could] trigger federal permits” and energy producers fearing “regulatory quicksand.”
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The EPA said Americans joined nine “listening sessions” and collectively stated the same thing – that WOTUS needs clear, commonsense parameters that balance environmental stewardship with the ability to farm, ranch, homestead and speculate energy.
The rule will define regulatory terms like “relatively permanent” (in the case of waterways), “tributary” and align the scope of the rule with the original Nixon-era intent.
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In order for a tiny tributary to be considered within the feds’ jurisdiction, it must have a consistent flow through to navigable waters – and wetlands under the auspices of the EPA must be ones that hold surface water for a required period annually.
The rule includes new exclusions for groundwater and runoff, land that was previously covered by crops – and efforts to promote the rights of state and tribal governments as well as local township leaders to make permitting decisions in areas they know best.
“Democrat administrations have weaponized the definition of navigable waters to seize more power from American farmers, landowners, entrepreneurs, and families,” Zeldin said.
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“We heard from Americans across the country who want clean water and a clear rule. No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property.”
Farmers, homesteaders and energy producers warned that the earlier, broader definition gave the EPA sweeping authority to declare even a puddle or drainage culvert under federal control, rather than local oversight.
The situation came to a head when Michael Sackett and his wife Chantell successfully filed for the required local building permits to construct a “modest” home near Priest Lake, a touristy spot in Idaho’s panhandle.
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Once the construction crew began spreading gravel on what was described as a “soggy” parcel in proximity to other homes, the Obama EPA swooped in and threatened them with nearly $33,000 per day in fines for continuing their project, according to Bloomberg – or face potential six-figure costs to file the proper permits, which reports said the agency itself suggested would ultimately be denied, according to multiple reports.
The Sacketts sued, and the case ultimately resulted in a unanimous Supreme Court decision in their favor in 2023.
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“[O]nly those wetlands and waters that have a continuous surface connection to bodies that are waters of the United States in their own right,” the justices wrote.
The decision led the Biden administration to narrow its own writing of the rule to align with the court’s edict – which the Trump administration pared down and clarified further with this announcement.
Senate Minority Leader Chuck Schumer, D-N.Y., ripped the decision, saying the “MAGA Supreme Court is continuing to erode our country’s environmental laws.”
“Make no mistake – this ruling will mean more polluted water, and more destruction of wetlands,” Schumer said.
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