Unless you’re living under a rock or are a FIFA executive official being indicted for criminal conspiracy, you’ve no doubt heard by now that the Environmental Protection Agency (EPA) has at long last released its final rule establishing a clear regulatory definition that, consistent with both the previous court decisions and the best available science, delineates which water systems are covered by the Clean Water Act. The rule was included in a recent CPR Issue Alert, highlighting 13 essential regulatory actions that the Obama Administration should commit to completing during its remaining time in office.
The rule would seem to provide everything that conservative opponents of regulation would want: regulatory certainty and efficient use of agency funds (i.e., by preventing the EPA from having to undertake wasteful case-by-case analyses of which water bodies warrant federal protection). Yet, it has been a lightning rod of controversy, attracting specious claims that the rulemaking represent a nefarious attempt by power-drunk, faceless bureaucrats in Washington, DC, to assert federal control over all land use in the United States.
Thanks to these ceaseless attacks, the rulemaking has been a long time coming. It’s a little late, but I am nonetheless relieved to see it finally cross the finish line.
Could the final rule have been better? Sure. For example, the final rule doesn’t provide automatic protections for certain categories of geographically isolated water bodies that are nonetheless critical to the ecological health of larger streams and rivers, such as prairie potholes and vernal pools. Even the EPA’s science advisors said the agency had a legally sufficient scientific justification for extending automatic protections to these water bodies. Nevertheless, the rule marks a significant improvement over the status quo, and no doubt represents one of the biggest environmental achievements of the Obama Administration.
This is no time for the Obama Administration to rest on its laurels, however. Much work remains to be done—including tackling climate change and protecting workers from silica dust and harmful pesticide exposure—and the time for getting it done is quickly running out. And for those out there keeping score, pursuing this agenda aggressively doesn’t mean that the Obama Administration is being “combative” or “doubling down” on executive action. Rather, carrying out these actions to protect people and the environment is precisely what he was elected to do. It’s not about “winning,” “scoring political points,” or “thumbing his nose” at industry and the Administration’s Republican opponents; it’s about doing the people’s business. I hope the Obama Administration moves with all due urgency to continue getting this business done.
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James Goodwin | May 27, 2015
Unless you’re living under a rock or are a FIFA executive official being indicted for criminal conspiracy, you’ve no doubt heard by now that the Environmental Protection Agency (EPA) has at long last released its final rule establishing a clear regulatory definition that, consistent with both the previous court decisions and the best available science, […]
Erin Kesler | May 26, 2015
This past Sunday, the Houston Chronicle published an opinion piece by CPR Scholar and University of Maryland Carey School of Law professor Rena Steinzor entitled, “With Dupont, OSHA’s Tough Talk Falls Faint.” Steinzor recounts the chemical giant’s negligence and reckless disregard for safety which ultimately led to the deaths of workers Gilbert and Robert Tisnado, Wade Baker and Crystle Wise. She takes […]
Dave Owen | May 26, 2015
Perhaps as soon as this week, according to media reports, the Army Corps of Engineers and EPA will release a final “Waters of the United States” rule clarifying the scope of federal regulatory jurisdiction under the Clean Water Act. Simultaneously, Congress is considering multiple bills that would block the new rule and undo portions of […]
Thomas McGarity | May 26, 2015
Cross-posted with ACSBlog. The Wall Street Journal recently devoted nearly two pages of its Saturday Review section to an editorial by Charles Murray of the American Enterprise Institute urging American corporations to violate laws that they deem to be “pointless, stupid or tyrannical” as acts of civil disobedience. The article, which is a capsule summary of his recently published […]
Matthew Freeman | May 24, 2015
It’s been almost 10 years now since Hurricane Katrina unleashed its fury on the Gulf Coast, setting in motion a massive failure of New Orleans’s flood-control system. More than 1,800 people lost their lives when Army Corps of Engineers-designed levees around New Orleans failed, allowing water to engulf the city. What followed the levee failures […]
Katie Tracy | May 21, 2015
Whether you are a frequent visitor to your local nail salon, or just an occasional passer-by, you are likely familiar with the offending chemical stench that emanates from within. You may have even considered whether the displeasing fumes are safe to breath, especially for the clinicians who work in the store every day. This is […]
Rena Steinzor | May 21, 2015
In her first major criminal settlement since becoming Attorney General, Loretta Lynch has delivered, trussed and on a platter, five of the world’s biggest banks—Citigroup, JPMorgan Chase, Barclays, Royal Bank of Scotland, and UBS. The five will actually plead guilty to specific crimes involving manipulation of foreign currency markets and will pay close to $6 […]
Alexandra Klass | May 20, 2015
The major oil pipeline spills along the Santa Barbara coast and into the Yellowstone River in Montana this past year are only the most recent chapters in the growing list of major spills associated with oil transportation in the United States. These recent spills of 100,000 gallons and 50,000 gallons of oil, respectively, follow a […]
Evan Isaacson | May 18, 2015
Recently, the Chesapeake Bay Commission released a report Healthy Livestock, Healthy Streams to advocate for stream fencing, one of several dozen longstanding agricultural best management practices (BMPs) recognized by the Chesapeake Bay Program. Promoting stream fencing is common sense: when livestock loiter near streams, they compact soil, clearing a path for runoff; when they enter […]