WASHINGTON — West Virginia federal and state officials are applauding the U.S. Environmental Protection Agency’s proposal to rescind the 2015 Clean Water Rule.
The EPA, Department of Army and U.S. Army Corps of Engineers announced Tuesday it is determined to repeal the regulation, also known as the Waters of the United States rule.
The rule aimed to define what waterways would be protected under the Clean Water Act, the law designed to protect water from being polluted.
It has been on hold since 2015 following a ruling by the 6th Circuit U.S. Court of Appeals in Cincinnati.
President Donald Trump signed an order in February directing the EPA and U.S. Army Corp of Engineers to review the rule
“We are taking significant action to return power to the states and provide regulatory certainty to our nation’s farmers and businesses,” EPA Administrator Scott Pruitt said Tuesday.
U.S. Sens. Joe Manchin, D-W.Va., and Shelley Moore Capito, R-W.Va., said in separate press releases they were happy to see the regulation re-evaluated by the EPA.
“We all want to drink clean water and breathe clean air, but we can achieve this without regulating hard-working West Virginians and Americans out of business,” Manchin said.
“The harmful WOTUS rule places unfair burdens on our farmers, small businesses and energy producers,” Capito said. “Not only would this rule lead to skyrocketing energy prices, but it hinders job growth in West Virginia.”
Rep. Evan Jenkins, R-W.Va., called the Clean Water Rule “one of most damaging, job-killing rules from the Obama era.”
“I fought in Congress for two years to pass legislation and cut the EPA’s budget to block this rule, and I applaud President Trump for his leadership in acting to protect American jobs,” the 3rd District congressman said in a statement.
West Virginia Commissioner of Agriculture Kent Leonhardt issued a statement, saying the rule created burdensome regulations that had dire effects on farming.
“This is a great day for our West Virginia farmers,” he noted.
West Virginia Attorney General Patrick Morrisey joined 21 other state attorney generals in a statement approving the EPA’s move.
“The rule’s broad assertion of authority unlawfully impinges on the States’ traditional role as the primary regulators of land and water resources,” the statement said. “The WOTUS rule is unlawful under the Clean Water Act, U.S. Supreme Court precedent, and the U.S. Constitution.”
West Virginia was part of the lawsuit blocking the regulation’s implementation.
Environmental groups opposed the decision.
“It goes without saying that the Trump Administration doesn’t care about the environment, public health, or its duty to protect our most precious natural resources,” said Sierra Club Executive Director Michael Brunce.
“We will fight this and every other attempt by polluters and the Trump Administration to destroy our water resources.”
Pruitt said this was the first action in a two-step process to redefine what waterways would be protected under federal law.
This is one of many actions the Trump administration has taken since January to undo former President Barack Obama’s environmental policy; the president has signed orders to move construction of the Keystone XL pipeline forward; repeal the Stream Protection Rule; request the Clean Power Plan be removed; and withdraw the United States from the Paris climate agreement.