State, Local Officials Urge Inclusive Approach to WOTUS Rewrite

Any rewrite of the Environmental Protection Agency's (EPA) Waters of the U.S. (WOTUS) regulation – which clarifies the waters and wetlands that fall under federal protection – should reflect differences in regional climate, geology and hydrology, state and local officials urged in comments to EPA on the matter.EPA is reviewing the Obama-era WOTUS rule under an executive order issued by President Donald Trump. A rewrite of the regulation should include an analysis of impacts on local governments, and clear definitions that outline Clean Water Act (CWA) jurisdiction, state and local officials said, aspects that were missing in the original WOTUS rule.EPA sought feedback on how state, local and federal governments all three levels of government can display cooperation in rewriting the regulation based on the direction provided in the February executive order. States' views mostly focused on how the rulemaking should proceed, but did not get overly specific as they do not know the direction EPA plans to take, according to Julia Anastasio, executive director of the Association of Clean Water Administrators – which represents state water officials.“If you give states the opportunity to understand enough of the direction that a proposed rule may be heading then we think we can really assist and avoid some of the pitfalls from the last go around,” Anastasio told Bloomberg BNA June 21, adding that states do not want “a parent-child relationship” with EPA, but rather one of equals.Arizona, Kentucky and South Dakota are among 31 states challenging the WOTUS rule on grounds the federal government was taking over regulation of waters that fell under state authority. Many of those states offered their comments on how the Trump administration should approach its rewrite of the regulation.New York is among the seven states involved in defending WOTUS court. To provide a level playing field among states and a strong and consistent regulatory floor, New York wants the agencies to develop a sound national rule and inventory of federal protected waters, Basil Seggos, New York's commissioner of environmental conservation, told EPA.The process of defining the terms that late Justice Scalia used in his opinion, such as “relatively permanent” or “continuous surface connection,” will present different challenges in every region, acknowledged the Environmental Council of the States.