The Environmental Protection Agency (EPA) has revised the Waters of the United States (WOTUS) rule, removing the term "significant nexus" and clarifying the definition of wetlands. The changes are intended to address concerns raised by agricultural stakeholders and comply with a recent Supreme Court ruling.
The "significant nexus" standard was a key component of the WOTUS rule, which defines which waters are subject to federal regulation under the Clean Water Act. The standard allowed the EPA to regulate waters that had a "significant connection" to traditional navigable waters, such as rivers and lakes.
However, the Supreme Court ruled in May that the "significant nexus" standard was unconstitutional. The court found that the standard was too vague and gave the EPA too much discretion to regulate waters.
The EPA's revised WOTUS rule removes the "significant nexus" standard and replaces it with a more objective definition of wetlands. The new definition states that wetlands are areas that are:
• "Waters of the United States"
• "Temporarily or permanently inundated or saturated by surface water or groundwater"
• "Maintain a predominance of vegetation typically adapted for life in saturated soil conditions"
• "Support and nurture aquatic life"
The revised rule also clarifies that wetlands are not automatically jurisdictional simply because they are adjacent to other waters or separated from other waters by manmade barriers.
The EPA's revised WOTUS rule is a significant change that will have a major impact on how the Clean Water Act is implemented. The changes are likely to be welcomed by agricultural stakeholders, who have long argued that the "significant nexus" standard was too broad and gave the EPA too much power to regulate their land.
However, environmental groups have criticized the revised rule, arguing that it does not go far enough to protect water quality. They argue that the EPA should have retained the "significant nexus" standard or adopted a more stringent definition of wetlands.
The EPA's revised WOTUS rule is now final and will take effect immediately. The agency is expected to hold a series of public meetings to discuss the changes in the coming months.
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Categories: Iowa, Government & Policy