Huge setback for the fanatics at the EPA, who will tune in to every puddle or trench they can find.
A few hours ago, the following headline appeared.
Supreme Court rules against EPA in environmental case, limiting agency’s power over water
Now that REEES is being listened to, the title of the story has been changed to:
‘Significant consequences.’ Supreme Court limits government power to curb water pollution
USA – Supreme Court on Thursday siding with a couple has been fight with the Environmental Protection Agency for more than a decade on plans to develop a property in the Idaho panhandle, a decision that has the potential to have far-reaching implications for water quality, agriculture, and development across the country.
The case focuses on the scope of the Clean Water Act of 1972, arguably the most significant environmental decision the Supreme Court has made since a majority last year nullified the EPA’s attempt to power plant emission regulations. The plaintiffs have asked the court for a clearer definition of what the law means when it gives the agency the power to regulate “the waters of the United States.”
In comments written by Judge Samuel Alito and joined by four other conservative judges, the court limited the scope of EPA’s ability to control wetland pollution..
What is the WOTUS Rule? Here are some links and excerpts.
You can see the back-and-forth action from the Obama administration to the Trump administration canceling and then back to full speed under Biden.
Agencies have revised their regulations defining “seas of the United States” in 2015 inside The Clean Water Rule: Definition of “America’s Waters.”
The Clean Water Rule 2015 has been repealed by the 2019 Rulereinstated 1980s regulations, implemented consistently with U.S. Supreme Court cases and current guidance.
Agencies have replaced the 2019 Rule with Rules for the protection of navigable waters (NWPR) in 2020. By order of August 30, 2021 of the District Court of Arizona, annul and rescind the Rule for the Protection of Navigable Waters in the event The Pascua Yaqui tribe sued the US Environmental Protection Agency, agencies have halted NWPR implementation nationally and interpreted “seas of the United States” as consistent with Regulatory regime before 2015.
For more information, see The history of litigation’s influence on recent definitions of “U.S. waters” (pdf) (66.74 KB)
The final “Revised Definition of ‘Sea of the United States'” rule is published in Federal Registration on January 18, 2023, and the rule took effect on March 20, 2023. The final rule was codified in the Code of Federal Regulations (CFR) in place of the vacated NWPR. However, the final rule is not currently in effect in some states due to litigation. Please access Rule status page for more information on the status of the rule and litigation. More information on the final rule is available This.
Final revised definition of “U.S. waters”
On December 30, 2022, the agencies published the final rule “Revised Definition of ‘U.S. Seas’”. On January 18, 2023, the rule was published in Federal Registration And The rule went into effect on March 20, 2023. However, the final rule is currently not in effect in some states and for some parties due to litigation. Please access Rule status page for more information on the status of the rule and litigation. The agencies that developed the Rule 2023 took into consideration the relevant provisions of the Clean Water Act and all relevant Supreme Court statutes, case precedents, and the technical expertise of the following bodies over 45 years. years of implementation of the longstanding “water supply rule” prior to 2015 US framework”. The Code also considers the best available science and broad public comment to establish a definition of “seas of the United States” that support public health, environmental protection, agricultural practices, and economic growth. More information on the final rule is available below.
https://www.epa.gov/wotus/current-implementation-waters-united-states
https://www.epa.gov/wotus/revising-definition-waters-united-states
And everything below is destroyed by this judgment, as well as much more
Notice of Intent to Revise the Definition of “U.S. Seas”
On June 9, 2021, the United States Environmental Protection Agency and the Department of the Army announced their intention to revise the definition of “seas of the United States.”
Ordinance 13990
Ordinance 13990 ABOVE Protect public health and the environment and restore science to address the climate crisis (January 20, 2021) directed the EPA and the Army to “immediately review and, where appropriate and consistent with applicable law, take action to address the enactment of Federal regulations.” [including the Navigable Waters Protection Rule or “NWPR”] and other actions over the past four years that conflict with these important national goals.”
This Order also specifically revokes Executive Order 13778 of February 28, 2017 (Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule), leading to the issuance of the NWPR.
The order states that “[i]It is therefore my Administration’s policy to listen to science; to improve public health and protect our environment; to ensure access to clean air and water; limit exposure to dangerous chemicals and pesticides; hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; reduce greenhouse gas emissions; strengthen resilience to the effects of climate change; restoration and expansion of monuments and national treasures; and prioritize both environmental justice and the creation of the high-paying union jobs needed to accomplish these goals.”
suitable for Ordinance 13990agencies that reviewed the NWPR. see more Fact sheet: List of agency actions to consider. The agencies have completed their review of the NWPR and determined that the rule must be replaced.
https://www.epa.gov/wotus/revising-definition-waters-united-states
It’s a good day for economic and regulatory health.
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