Clean Water Rule Issued on June 5, 2015

On June 5, 2015, the United States government formally issued the Clean Water Rule, an important regulatory update concerning water regulations under the Clean Water Act. The Clean Water Rule was crafted with the aim of providing clarity on which bodies of water and wetlands were federally protected under the Act, a piece of legislation originally passed in 1972 to regulate the discharge of pollutants into the waters of the United States and to maintain and restore their chemical, physical, and biological integrity.

Context and Need

Prior to the issuance of the Clean Water Rule, there had been ongoing confusion and legal disputes over the jurisdiction of the Clean Water Act, especially following two critical Supreme Court decisions: Solid Waste Agency of Northern Cook County v. Army Corps of Engineers (2001), and Rapanos v. United States (2006). These rulings highlighted the ambiguous nature of the Act’s scope, particularly regarding “waters of the United States” (WOTUS) and which types of waters were subject to federal oversight.

Key Provisions

The Clean Water Rule specifically aimed to:

• Define more clearly which tributaries and adjacent waters fall under federal protection.
• Restore and maintain protections for seasonal streams and wetlands that have significant hydrological connections to navigable waters.
• Establish physical and measurable criteria to identify waters that are considered jurisdictional under the Act.

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers jointly developed this rule. It relied on sturdy scientific evidence showcasing the connectivity of certain waters and the essential roles they play in the ecological health of larger downstream navigable waters.

Response and Impact

The Clean Water Rule was met with mixed reactions. Proponents, including many environmental groups, hailed it as a crucial step towards the protection of vital water resources necessary for safe drinking water, agriculture, and ecosystem health. Critics, however, particularly some agricultural groups and developers, argued the rule expanded federal oversight too far, infringing on private property rights and imposing excessive regulatory burdens.

Legal and Regulatory Developments

The Rule faced multiple legal challenges following its issuance, leading to a patchwork of enforcement as courts made differing rulings on its validity. As a result, parts of the rule were stayed or blocked in numerous states.

In the broader legislative context, the issuance and subsequent disputes over the Clean Water Rule reflected ongoing tensions between federal regulatory goals and states’ rights, a recurrent theme in American environmental policy.

The Clean Water Rule serves as a pivotal case study in the implementation of environmental regulations and continues to influence contemporary policy debates about the scope and reach of federal regulatory powers in environmental protection.