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EPA Rescinds Trump-Era Clean Water Act Guidance

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Last week, the Environmental Protection Agency (EPA) rescinded Trump-era guidance related to Clean Water Act (CWA) permitting requirements. The now defunct guidance provided regulatory compliance direction for managing permitting of indirect water pollution. The previous guidance stemmed from the U.S. Supreme Court case County of Maui vs. Hawaii Wildlife Fund that questioned whether indirect pollution to waters of the U.S. was covered under the CWA and thus needed to be outlawed or permitted before it could occur. The Supreme Court’s ruling essentially said that yes, such pollution activity falls under the CWA, but there were exceptions. Following the court’s ruling the Trump EPA published guidance aiming to clarify when and what events could be covered under the CWA, consistent with the court’s ruling.

The current EPA has now decided that the Trump-era guidance is inconsistent with the court’s ruling and “was issued without proper deliberation.” Despite the withdrawal of the guidance, EPA has not stated what actions it will take to replace the guidance or whether it will issue new guidance.

Click here to review the EPA recission memorandum. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.

 

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