The Clean Water Act (CWA), which became law in 1972, is the primary federal mechanism by which streams, lakes, and wetlands are protected from degradation in the United States. The act is enforced in tandem by the U.S. Army Corps of Engineers and the Environmental Protection Agency (EPA; hereinafter referred to as “the agencies”) and requires that a permit be issued prior to dredging, filling, or discharging pollutants in “navigable waters.” On 23 January, the agencies released the Navigable Waters Protection Rule (NWPR), which details how the CWA will be enforced, including which waters receive federal protections under the act.
ERI Affiliate Adam Ward and Riley Walsh argue that this rule blatantly ignores established science—including the agencies’ own studies and syntheses—and risks degrading U.S. waters to the point that ecosystems may be permanently harmed. Moreover, the rule runs counter to its own goal to strike a “reasonable and appropriate balance between Federal and State waters” by shifting the cost and burden of analysis and enforcement to states.
