House Tries to Speed Up WOTUS Rollback, But Senate Hurdles Likely

Speeding up the rollback of the Obama-era Waters of the U.S. (WOTUS) rule by circumventing the normal rulemaking process is the goal of a provision in the energy and water spending bill the House Appropriations Committee will consider Wednesday.The provision in the energy and water spending bill for Fiscal 2018 would allow the Environmental Protection Agency and the U.S. Army Corps of Engineers to withdraw the 2015 stayed WOTUS rule “without regard to any provision of statute or regulation that establishes a requirement for such withdrawal.” The rule is facing dozens of lawsuits.The language in essence would shorten the rulemaking process by getting rid of the public-comment process.But hurdles remain as Senate Democrats are expected to oppose the measure when it reaches that chamber. Also, any such change would likely face court challenges.EPA and the Corps are under an executive order to withdraw and rewrite the rule, and both have already started the process of rescinding the rule the rule. They released the proposal to reinstate a prior regulation, but have not formally sought public comment.Also in the spending plan is a provision addressing the so-called “recapture” provision from the Clean Water Act. That provision addresses the dredge-and-fill permits which give companies and others permission to dredge and fill wetlands and streams to excavate mines, or build roads or homes. In the spending plan, lawmakers inserted a provision that observers read as providing relief from the potential threat of farmers, ranchers and foresters being regulated. The provision would allow normally exempt farming and forestry activities from the permits unless the activity results in draining an adjacent wetland.