Restoring Rule of Law by Reviewing 'Waters of the United States' Rule
Mar 3, 2017
Signed by: Donald Trump
Signed on: Feb 28, 2017
Published on: Mar 3, 2017
Mar 3, 2017
Signed by: Donald Trump
Signed on: Feb 28, 2017
Published on: Mar 3, 2017
Summary
Tells government agencies to look again at the rule defining which waters are protected to support the economy and respect states' rights.
What problem does this solve?
The existing 'Waters of the United States' rule was seen by some as too broad, creating confusion for businesses and landowners and possibly overstepping federal power. This order directs the EPA and Army to review and possibly change the rule, aiming for a clearer definition that balances clean water with economic growth.
What does this order do?
Orders review of the 'Waters of the United States' rule
Directs the EPA and the Army to review the 2015 'Clean Water Rule' to see if it aligns with the policy of promoting economic growth while protecting water.
Requires proposing a new or revised rule
Instructs the agencies to publish a proposed rule to cancel or change the existing 'Waters of the United States' definition based on their review.
Guides future definition of 'navigable waters'
Tells agencies to consider interpreting 'navigable waters' in line with Justice Antonin Scalia's opinion in the Rapanos v. United States Supreme Court case.
Reviews all related agency policies
Requires all federal agencies to review their own rules and policies that enforce the Clean Water Rule and change them if needed.
Addresses ongoing court cases
Directs agencies to tell the Attorney General about the review, so he can take appropriate action in any lawsuits related to the rule.
Who does this affect?
- Farmers, landowners, and developers
- Environmental Protection Agency (EPA) and Army Corps of Engineers
- State governments
What is the real world impact?
•
Supports economic growth
Aims to reduce regulatory burdens on farmers, developers, and other businesses by narrowing the scope of federal water protection, which could make it easier and cheaper to use land.
•
Potentially weakens water protections
Critics worry that changing the rule could leave smaller streams, wetlands, and other water bodies unprotected from pollution, harming drinking water sources and ecosystems.
•
Increases states' authority
Shifts power over water regulation from the federal government back to individual states, aligning with principles of federalism and the roles of states under the Constitution.
When does this start?
This order takes effect immediately on February 28, 2017, directing agencies to begin their reviews.