Trump orders review of WOTUS regs

President Trump has ordered a review of new waters of the United States, or WOTUS, regulations introduced by the Environmental Protection Agency under the Obama administration. The president has told the EPA administrator and the assistant secretary of the army for public works to review the final rule, “showing due regard of the roles of Congress and the states under the constitution,” and particularly considering the opinion of Supreme Court Justice Scalia in a 2006 court case involving the interpretation of WOTUS rules.

Multiple states have previously appealed the regulations through the court system and those appeals have yet to be resolved.

The rule in question defines the scope of what the federal administration views as U.S. waters, subject to federal jurisdiction and federal permitting. The rule is controversial because it raises issues regarding the extent of federal jurisdiction within states and the relative rights of federal and state authorities to manage lands within the borders of the United States. The situation is particularly touchy in Alaska because of the state’s myriad rivers, streams, lakes and wetlands.

Federal jurisdiction over waterways is simple in principle in that most people agree that the federal government can regulate navigable waters that are capable of supporting interstate commerce. But where do the waters of the U.S. end and local or state waters begin? Under the EPA rule, tributaries to the more obvious U.S. water bodies, as well as wetlands adjacent to these tributaries and navigable waters impounded behind dams are all subject to federal jurisdiction.

Alaska lawmakers have expressed some jubilation at Trump’s action, given their prevailing opinions that the EPA regulations infringe unacceptably on Alaska’s rights to manage its own lands.

“Protecting our water and the environment are critical, but all the previous administration did with this rule was expand its own bureaucracy,” said Gov. Bill Walker in response to the president’s order. “While in Washington, D.C. this week, I had the opportunity to meet with new EPA Administrator Scott Pruitt. I am confident Administrator Pruitt recognizes Alaska’s uniqueness, and hope the new administration develops a replacement rule that truly respects the rights of all states.”

Any proposal to change or rescind the rule, or issue a new rule, would presumably need to go through the mandated federal rule making process, including a public review.

- ALAN BAILEY