The Biden administration began legal action Wednesday to repeal a Trump-era rule that ended federal protections for hundreds of thousands of small streams, wetlands and other waterways, leaving them more vulnerable to pollution from development, industry and farms.
The rule — sometimes referred to as “waters of the United States” or WOTUS — narrowed the types of waterways that qualify for federal protection under the Clean Water Act. It was one of hundreds of rollbacks of environmental and public health regulations under former President Donald Trump, who said the rules imposed unnecessary burdens on business.
The Trump-era rule, finalized last year, was long sought by builders, oil and gas developers, farmers and others who complained about federal overreach that they said stretched into gullies, creeks and ravines on farmland and other private property.
Environmental groups and public-health advocates said the rollback approved under Trump would allow businesses to dump pollutants into unprotected waterways and fill in some wetlands, threatening public water supplies downstream and harming wildlife and habitat.
The water rule has been a point of contention for decades. Environmental Protection Agency administrator Michael Regan has pledged to issue a new rule that protects water quality while not overly burdening small farmers.
President Joe Biden ordered a review of the Trump-era rule as part of a broader executive action on climate change during his first week in office. Wednesday’s legal filing by the Justice Department begins that process, as the Biden administration formally requests repeal of the Trump-era rule.
“Today’s action reflects the agencies’ intent to initiate a new rulemaking process that restores the protections in place prior to the 2015 WOTUS implementation, and anticipates developing a new rule” that defines what waters are considered to be under federal jurisdiction, the EPA said in a statement Wednesday.
