Voz media US Voz.us

Trump's EPA reverses Obama-Biden era rules in federal waters and celebrates a 'victory for common sense'

Following a Supreme Court ruling, Sackett v. EPA, the Trump Administration decided to pursue a simpler, more narrowly drawn rule.

Lee Zeldin in South Carolina/ Kevin Lamarque.

Lee Zeldin in South Carolina/ Kevin Lamarque.AFP

Joaquín Núñez
Published by

The Trump administration reversed an Obama-era regulation that determines which waters are subject to federal regulation within the Water Act of 1972. The director of the U.S. Environmental Protection Agency (EPA), Lee Zeldin, hailed the move as a "victory for common sense."

Under the aforementioned law, if a puddle, stream, wetland or ditch falls within the definition of 'Waters of the United States' (WOTUS), commercial activities in those waters may require federal permits. Under the administrations of Barack Obama and Joe Biden, the EPA had used a broad definition of WOTUS, adding more water bodies under federal authority.

In the Sackett v. EPA case of 2023, the Supreme Court limited EPA's power to regulate wetlands and small water bodies. The ruling stated that only wetlands that have a continuous physical connection to "navigable waters" are regulable, thus limiting the scope of the Water Act.

Based on the ruling, the Trump Administration decided to pursue a simpler and more narrowly drawn rule. According to the EPA director, this new legislation comes to serve a dual function: adding regulatory clarity while protecting America's waterways. By reducing federal intervention and providing more certainty about regulations, it seeks to "prevent things like puddles or small ditches from triggering costly permits."

"Democrat administrations have weaponized the definition of navigable waters to seize more power from American farmers, landowners, entrepreneurs, and families. We heard from Americans across the country who want clean water and a clear rule. No longer should America’s landowners be forced to spend precious money hiring an attorney or consultant just to tell them whether a Water of the United States is on their property," Zeldin said in a statement accessed by Fox News.

"Another victory for common sense! The Trump EPA just released a new proposed definition of 'Waters of the United States' that, if finalized, would deliver the clarity farmers, ranchers, and landowners have been begging for. This definition follows the Supreme Court ruling in Sackett, advances cooperative federalism, and protects America’s waterways," he posted on his X account.

Sackett v. EPA, the case that forced regulatory change

Michael Sackett and his wife Chantell obtained a local building permit for a home near Priest Lake, Idaho. Things got complicated when construction equipment began spreading rocks on what officials defined as a "wet" lot.

"Obama's EPA swooped in and threatened them with nearly $33,000 per day in fines for continuing their project, according to Bloomberg – or face potential six-figure costs to file the proper permits, which reports said the agency itself suggested would ultimately be denied, according to multiple reports," they explained from Fox News.

The Sackett couple then filed a lawsuit against the EPA that ended up going to the highest court in the land.
tracking