Georgia attorney general applauds action to dismantle Waters of the U.S. rule

ATLANTA — Georgia’s attorney general, Chris Carr, on Tuesday applauded action by the Enivornmental Protection Agency toward withdrawing its 2015 Waters of the United States (WOTUS) rule.

Officials with the EPA said Tuesday that it, the Department of the Army and the Army Corps of Enginners were proposing to of a rule to rescind the Clean Water Rule and re-codify the text that before 2015 defined the U.S. waters.

“This is a significant step in addressing the WOTUS Rule’s sweeping assertion of authority, which unlawfully impinges on the state’s traditional role as the primary regulators of land and water resources,” Carr said. “We look forward to EPA’s final action to withdraw the 2015 WOTUS Rule, providing relief for Georgia homeowners, farmers and other entities.”

EPA officials sauid the action, when finalized, would provide certainty pending a second rulemaking in which the agencies would substantively re-evaluate of the definition of “waters of the United States.” The proposed rule would be implemented in accordance with Supreme Court decisions, agency guidance and longstanding practice, the agency said.

“We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” Administrator Scott Pruitt said. “This is the first step in the two-step process to redefine ‘waters of the U.S.’ and we are committed to moving through this re-evaluation to quickly provide regulatory certainty, in a way that is thoughtful, transparent and collaborative with other agencies and the public.”

This proposed rule follows the Feb. 28 Presidential Executive Order on “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The trump administration order stated that it was in the national interest to ensure the nation’s navigable waters are kept free from pollution while simultaneously promoting economic growth, minimizing regulatory uncertainty and showing due regard for the roles of Congress and the states under the Constitution.

The proposed rule, EPA officials said, would recodify the identical regulatory text that was in place before the 2015 Clean Water Rule, which has been blocked by the U.S. Court of Appeals for the 6th U.S. Circuit, meaning no changes from current practices with respect to how the definition applies.

The agencies have also begun deliberations and outreach on the second step of re-evaluatiing and revising of the definition of “waters of the United States,” in accordance with Trump’s order.

“The Army, together with the Corps of Engineers, is committed to working closely with and supporting the EPA on these rulemakings. As we go through the rulemaking process, we will continue to make the implementation of the Clean Water Act Section 404 regulatory program as transparent as possible for the regulated public, ” Douglas Lamont, senior official performing the duties of the assistant secretary of the Army for Civil Works, said.