What they’re saying: Alabama reactions to Trump’s new water proposal
When President Donald Trump took office, he began a process to remove and replace what he deemed to be regulatory burdens put in place by the Obama Administration. One of those rules he endeavored to change was Obama Administration’s 2015 Waters of the United States rule and on Tuesday the Environmental Protection Agency (EPA) and the Department of the Army presented a new proposal to do just that. Under the proposal, federally regulated areas include traditional navigable waters, tributaries to those waters, some ditches, certain lakes and ponds, impoundments of jurisdictional waters, and wetlands adjacent to jurisdictional waters. The proposal also details non-waters of the U.S., such as areas that only contain water during or in response to rainfall; many ditches, including most roadside or farm ditches; prior converted cropland; stormwater control features; and waste treatment systems. “Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Act and provides states and landowners the certainty they need to manage their natural resources and grow local economies,” said EPA Acting Administrator Andrew Wheeler. “For the first time, we are clearly defining the difference between federally protected waterways and state protected waterways. Our simpler and clearer definition would help landowners understand whether a project on their property will require a federal permit or not, without spending thousands of dollars on engineering and legal professionals.” The agencies’ proposal is the second step in a two-step process to review and revise the definition of “waters of the United States” consistent with President Trump’s February 2017 Executive Order entitled “Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” The Executive Order states that it is in the national interest to ensure that the nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of Congress and the states under the Constitution. Here’s what Alabama politicians and groups are saying about the proposed rule: Attorney General Steve Marshall: I applaud the Environmental Protection Agency for the release of a commonsense approach to the protection of America’s waterways. The new EPA Waters of the United States definition clearly delineates whether a waterway is covered by the federal government, thus simplifying the process for landowners in seeking permits for use of their property. This new definition will be especially welcome to our farmers, timberland owners and others who use land for commercial purposes and who were unfairly targeted under the old Obama administration Waters of the United States rule. Alabama Farmers Federation President Jimmy Parnell: The proposed rule is good news for Alabama farmers and restores common sense to Clean Water Act enforcement. For several years, farmers, businesses and homeowners have lived under the threat of government intrusion and costly penalties due to overaggressive actions of the Obama-era EPA. We appreciate the Trump administration, current EPA administration, Alabama’s congressional delegation and our state attorneys general for standing by farmers and landowners as we’ve fought back against the WOTUS rule. Alabama Agriculture Commissioner John McMillan: This user-friendly amendment will restore landowners rights. The prior rule greatly expanded Washington’s control over local land use. These necessary changes will assist landowners in understanding whether a project needs federal permits, thus saving our producers both time and money. Alabama Rivers Alliance: BREAKING: The Trump Administration just dropped a rule aiming to gut clean water protections which have been in place for generations. Alabama 1st District U.S. Rep. Bradley Byrne: Farmers who depend on the land and fresh water to do their jobs deserve policies that protect our environment without placing burdensome and confusing requirements on them. I applaud the Trump Administration for rolling out this new rule. As Alabama Farmers Federation President Jimmy Parnell said: this rule “restores common sense to Clean Water Act enforcement. *This article will be updated as more reactions come in.
Donald Trump executive order targets clean water rule, Alabamians react
President Donald Trump‘s latest executive order rolls back a controversial Obama-era water regulation that designates what smaller bodies of water, tributaries and wetlands are under the control of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers. Issued Tuesday, the order directs both departments to rescind or revise the 2015 Waters of the United States (WOTUS) rule, which expanded federal jurisdiction under the Clean Water Act. The act allows the EPA to regulate “waters of the United States,” while failing to include what that term meant. Trump’s order could ultimately lead to a re-write of the law or a complete repeal. On Tuesday afternoon, Trump was surrounded by farmers, homebuilders and county commissioners all opposed to and affected by the rule, in the White House Roosevelt Room where he signed the order. “The EPA so-called Waters of the United States rule is one of the worst examples of federal regulation, and it has truly run amok, and is one of the rules most strongly opposed by farmers, ranchers and agricultural workers all across our land,” Trump said Tuesday. “It’s prohibiting them from being allowed to do what they’re supposed to be doing. It has been a disaster.” Former Alabama Attorney General and current U.S. Sen. Luther Strange lauded the order. “As Attorney General of Alabama, I joined other Republican Attorneys General, including my good friend and now Administrator of the EPA, Scott Pruitt, to stop the EPA from implementing a rule that was nothing more than a naked power grab,” Strange said in a statement. “This executive overreach ignored the private property rights of Alabama farmers and is the perfect example of another one-size-fits-all approach from Washington that fails to recognize the unique needs of each community or the role of state and local government. I’m thankful for the President’s actions and encourage the complete repeal of WOTUS by Congress.” Alabama Agriculture Commissioner John McMillan echoed Strange’s approval on Wednesday, heartily endorsing the order. “No other Obama environmental regulation had the potential to adversely affect every square foot of our state and economic sector than WOTUS,” said McMillan. “This punitive regulation threatened Alabama farmers, landowners and foresters with severe fines and requirements that were deceptively vague.” He added that WOTUS affected county and municipal governments, as it contained stringent and unnecessary regulations on water and sewer systems. “Nearly every family in Alabama would have experienced spikes in’ their water and sewer bills.” “Environmental quality and farming are not mutually exclusive but complement each other,” he explained further. As an outdoorsman used to tell me, ‘We should never forget that we all live downstream.” McMillan pointed out that Washington bureaucrats should know that the best enforcers of environmental standards are those men and women who work the land and depend on water quality. “This new administration in Washington understands the value of reducing federal intrusiveness,” McMillan said.
Mike Rogers: EPA oversteps, harms East Alabama jobs
As most of you across East Alabama know, I have always been a critic of big government. I think the bigger the Federal government gets, the more it intrudes in the daily lives of Americans. A perfect example of this is the Environmental Protection Agency (EPA). I believe the EPA has greatly over stepped its authority. States should be allowed to handle most of their own regulations just like the Alabama Department of Environmental Management (ADEM) does for our state. The EPA also consistently oversteps its boundaries with silly rules like Waters of the United States (WOTUS) known as “Clean Water Rule: Definition of ‘Waters of the United State.’” This rule actually gives the EPA control of bodies of water as small as puddles. Yes, it’s just as ridiculous as it sounds. It hurts East Alabama farmers and just doesn’t make sense. In mid-January, I joined my colleagues in the House of Representatives to support and pass S.J. Res. 22, a joint resolution with the Senate to disapprove of this rule. Because of rules like the Clean Water Rule and many other issues, I joined 25 of my colleagues and cosponsored H.Res. 417, a resolution calling on Gina McCarthy, Administrator of the EPA, to step down. This week in the House Agriculture Committee, a hearing was held titled, “To consider the impacts of the EPA’s actions on the rural economy.” This hearing examined the EPA’s excessive regulatory decisions. Our farmers are America’s original conservationists, and they care more about our natural resources than most. However, the EPA continues to impose costly and burdensome regulations on them, forcing many out of business. The EPA’s overreach is unacceptable, and I will continue to push back and fight against their harmful agenda every chance I get. • • • Mike Rogers represents Alabama’s 3rd Congressional District. He is in his third term.
AL congressional delegation disagrees with new EPA Clean Water Rule
The U.S. Environmental Protection Agency rolled out a new plan Wednesday to expand the Clean Water Act to include more bodies of water. According to EPA, the 297-page “Waters of the United Sates” (WOTUS) rule ensures that waters protected under the existing Clean Water Act are “more precisely defined, more predictably determined, and easier for businesses and industry to understand,” as two Supreme Court rulings in 2001 and 2006 have left the current scope of the law uncertain. “Today’s rule marks the beginning of a new era in the history of the Clean Water Act,” Assistant Secretary for the Army Jo-Ellen Darcy said. “This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations.” However, that’s not the way the Alabama delegation and critics across the country see it, calling it a massive federal government power grab. “For decades, water quality regulation has been primarily the responsibility of state governments, but this rule would significantly shift that responsibility to the federal government,” U.S. Rep. Bradley Byrne told Alabama Today. “This rule would have an especially harmful impact on our farmers and foresters, who could face new compliance requirements and costs.” U.S. Rep. Gary Palmer also expressed his disdain for the rule. “This expansive rule would allow the EPA to place onerous regulations on almost any body of water. While the EPA claimed to listen to the extensive public outcry over this proposal by making cosmetic changes, the rule is still well beyond EPA’s rightful authority,” Palmer said in a statement issued Wednesday evening. U.S. Rep. Mike Rogers joins in the disapproval. According to the congressman’s press secretary, “Congressman Rogers was extremely disappointed the overreaching EPA chose to go forward with the ‘Definition of “Waters of the United States” Under the Clean Water Act,’ despite House passage of H.R. 1732, which Congressman Rogers strongly supported. This rule includes EPA control of puddles and ditches and could hurt family farms and landowners.” H.R. 1732, the Regulatory Integrity Protection Act designed to block the implementation of the new EPA rule, was voted on in the U.S. House of Representatives this month with support of all of Alabama’s representatives excluding Rep. Terri Sewell who did not vote. It passed the House on May 11 by a vote of 261-155. The bill was received in the Senate on May 13, but has yet to be considered. But there’s hope for the legislation, as Alabama’s House members aren’t the only ones concerned with the new EPA Clean Water rule. U.S. Sen. Richard Shelby told Alabama Today that he thinks the EPA is overreaching. “The EPA’s final rule redefining ‘waters of the United States’ is yet another example of the Obama Administration’s overreach. The rule will place thousands of streams, creeks, wetlands, ponds, and ditches throughout the country under the control of Washington bureaucrats instead of private property owners. I have supported legislation in the Senate to prohibit this harmful rule, and I will continue to fight against it as well as other burdensome rules and regulations from the EPA.” U.S. Sen. Jeff Sessions joined seven of his Republican colleagues on the Environment and Public Works (EPW) Committee last April sent a letter to President Barack Obama regarding the then proposed WOTUS rule. “The scope of CWA jurisdiction is one of the most important regulatory issues facing landowners, businesses, and municipalities today,” the senators wrote. “The proposed ‘Waters of the U.S.’ rule will exponentially impede economic recovery and is a significant step in the wrong direction. Mr. President, the decision to move forward would be a clear breach of your promise to cut through red tape.”
