Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule

“….Section 1. Policy. It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.

Sec. 2. Review of the Waters of the United States Rule. (a) The Administrator of the Environmental Protection Agency (Administrator) and the Assistant Secretary of the Army for Civil Works (Assistant Secretary) shall review the final rule entitled “Clean Water Rule: Definition of ‘Waters of the United States,'” 80 Fed. Reg. 37054 (June 29, 2015), for consistency with the policy set forth in section 1 of this order and publish for notice and comment a proposed rule rescinding or revising the rule, as appropriate and consistent with law.

(b) The Administrator, the Assistant Secretary, and the heads of all executive departments and agencies shall review all orders, rules, regulations, guidelines, or policies implementing or enforcing the final rule listed in subsection (a) of this section for consistency with the policy set forth in section 1 of this order and shall rescind or revise, or publish for notice and comment proposed rules rescinding or revising, those issuances, as appropriate and consistent with law and with any changes made as a result of a rulemaking proceeding undertaken pursuant to subsection (a) of this section…”

• Reuters: “U.S. President Donald Trump signed an order on Tuesday [February 28, 2017] directing environmental regulators to review an Obama-era rule that expanded the number of federally protected waterways as the president targets regulations that conservatives consider government overreach. The executive order will kick off what could be a lengthy process to undo the Waters of the United States or WOTUS rule, finalized by the Environmental Protection Agency and the U.S. Army Corps of Engineers in 2015 to clarify which bodies of water are covered by the Clean Water Act. The act, passed in 1972 and last amended in 1987, is intended to protect the nation’s waters from pollution. Trump said during the signing that the act should apply only to navigable waters that affect interstate commerce. “A few years ago the EPA decided that navigable waters can mean nearly every puddle or every ditch. It was a massive power grab,” Trump said…”