U.S. Appeals Court Blocks Federal EPA Water Rule

The order, issued on a 2-1 vote from the Cincinnati-based Sixth U.S. Circuit Court of Appeals, was a preliminary boost for a group of 18 states that challenged the EPA regulation. The rule seeks to bring smaller bodies of water at the outer edges of watersheds under the Clean Water Act and was issued jointly with the U.S. Army Corps of Engineers.

 

As PCT reported, on May 27, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers finalized the Clean Water Rule, created to “clearly protect from pollution and degradation the streams and wetlands that form the foundation of the nation’s water resources.”

 

The proposed rule was first published in the Federal Register in April 2014 for public comment, which, after two extensions, closed in November 2014. The final rule will go into effect 60 days after the final rule is published.

 

As part of this ruling, the definition "waters of the U.S." has been expanded, requiring permits for pesticide applications near any collected water, no matter how small or contained. Additionally, the final rule specifically includes language that would maintain the current status quo concerning the National Pollution Discharge Elimination System (NPDES). NPDES is a national permit program that regulates the point source discharge of pollutants and chemicals into waters of the U.S. EPA has delegated NPDES authority to the states; currently 46 of the 50 states regulate NPDES permits independent of the EPA.