Legalectric

Something that drives me crazy — posting things without the underlying links. I’m seeing so many posts about slashing existing water rules and release of new dreadful rules that allow pollution, but there are no links to the actual rules they’ve trotted out. So I added to my Federal Register alert, still nothing. OK, and now yesterday and today there’s another wave of posts about it, that something was released, and still no links. Digging and digging here, and found it.

Final Rule: The Navigable Waters Protection Rule: Definition of “Waters of the United States” pre-publication version

Water’s not my area, admittedly I don’t know much about it. That new rule, following on the repeal, is on the EPA website (what’s left of it).

There’s the “Clean Water Act” which I hear LOUDLY is being decimated. I’ve found the “new” rule is rooted in this administration’s objections to the 2015 expanded definition of “navigable waters” in the Clean Water Rule.

Intention to Review and Rescind or Revise the Clean Water Rule (Federal Register)

And so it goes… EPA and Army Repeal the 2015 Definition of “waters of the United States” oh, yeah, they did that..

Trump Administration Rolls Back Clean Water Protections

The focus is on discharging into streams and wetlands, well, correction, the focus is on Trump administration slashing, eliminating rules, to ALLOW discharging into streams and wetland.

So what happened yesterday, what I’ve been looking for, is that they signed a new “Navigable Waters Protection Rule,” which is really one of those Orwellian things, name is just the opposite of what it does, because it changes the definition of waters to be protected, eliminates protections, and allows formerly waters that were protected to now be open season for pollution. Here’s the final “pre-publication” rule (which is why I’ve not been able to find it, not published yet, not published in FR Public Inspection yet either). Here it is, once more with feeling:

Final Rule: The Navigable Waters Protection Rule: Definition of “Waters of the United States” pre-publication version

There’s also this, a different link: The Navigable Waters Protection Rule: Definition of “Waters of the United States” – pre-publication version (PDF)(340 pp, 2 MB)

Check out this “Federalism Consultation” section from EPA page, a Clinton Administration E.O. that’s to address unfunded mandates and consult with states where federal changes can affect states (from EPA site):

Federalism Consultation – Consistent with E.O. 13132, Federalism, the EPA, Department of Army, and the Army Corps of Engineers consulted with state and local government officials, or their representative national organization, while developing a revised definition of “waters of the United States.”

• Federalism consultation letters and presentation materials
• Final summary of Federalism consultation
• Letter to the Governors Soliciting Input on Defining “Waters of the United States”

And public comments on this rule change were posted to Docket ID No. EPA-HQ-OW-2018-0149 and can be found here (from EPA site).

It’s similar to the way the Minnesota Senate DRAFT 5558-6 would change the definitions of “renewable energy” to incorporate burning garbage and nuclear as “renewable” cutting regulatory authority.