This week, the U.S Environmental Protection Agency heard testimony in Pittsburgh from environmental groups, scientists and industry representatives about proposed changes to the enforcement of the Clean Water Act.
The Trump administration says the new rules are needed to comply with a recent Supreme Court ruling in the 2023 Sackett decision, which said wetlands receiving federal protection must have a “continuous surface connection” to a river, stream or other waterway.
The EPA estimates that 80 percent of wetlands in the U.S. would fall outside the definition of “Waters of the United States” and thus would not be under federal protection under the new rule. Some would still be protected by state laws, as would be the case in Pennsylvania.
Wes Brooks, deputy assistant administrator in EPA’s Office of Water, said at the hearing that the current rules created under the Biden Administration did not abide by the Sackett decision. The new rules, Brooks said, would make it easier for businesses to operate.
“Under the proposed rule, small, isolated [water] features that lack a surface water connection to adjacent rivers, streams, lakes, or oceans do not satisfy [the Supreme Court’s] conditions to warrant federal oversight, and therefore would fall under the exclusive jurisdiction of states and tribes to manage and conserve as they see fit,” said Brooks.
The new rules are favored by developers, ranchers, farmers and those in other industries.
Glenn Stoltzfus of the Pennsylvania Farm Bureau operates a 700-cow dairy farm in Somerset County. He testified that current rules make it hard for farmers like him to operate.
“Many of these farms operate close to streams and wetlands. These changes would significantly reduce regulatory burden and provide greater operational flexibility,” Stoltzfus said.
He said that complying with current regulations to do things like maintaining drainage ditches, installing irrigation systems and maintaining farm ponds is difficult.
”The cost of hiring consultants to determine whether or not you are in compliance when trying to expand your operation sometimes can be astronomical,” he said.
The panel also heard from industries like road construction and home building.
Hans Klinger of the Home Builders Association of Virginia said the new definition would make it easier for builders to know which areas require a federal clean water permit.
“Our developments take multiple years to plan, build, and this proposed definition will finally give us a consistent set of rules that will provide much needed predictability,” he said.
Environmental groups say the rule would jeopardize protections for wetlands that protect water quality in rivers and streams and public drinking water systems.
Patrick Shirey, an assistant professor of geology and environmental science at the University of Pittsburgh, says reducing wetland protection in an age of climate change will hurt water quality.
“Storms are getting heavier, more frequent, and more devastating. If we are not protecting our wetlands and headwater streams to suck up that stormwater, downstream communities bear the consequence,” he said.
“In the long run, when we realize the degradation of our nation’s waters from dredging and filling wetlands…the consequence is to the future generations” to pay for, he said.
Eric Harder, the Youghiogheny Riverkeeper at the Mountain Watershed Association, called the rule change a “handout” to industry because it would allow developers to more easily build in areas that had been previously considered wetlands.
“This is just another tool for them to use to make it easier to build their proposal or operation and really limit the amount of public…interaction that can be done.”
The current comment period ends on January 5. Environmental groups are expected to challenge the new rules in court.
