In a letter sent on Tuesday by the Waters Advocacy Coalition, demands are made for the Biden administration to exclude ditches from the definition of federal waters, include wetlands only when they can’t be distinguished from navigable waters, and erase the independent interstate waters and wetlands category.
The Coalition represents many sectors including energy, forestry, real estate, and transportation. Their affiliations range from the American Gas Association to the National Association of Home Builders and Chamber of Commerce. Both the Environmental Protection Agency (EPA) and the Army Corps of Engineers were communicated this request.
WOTUS Timeline
EPA and the Corps have announced their intention to release a final rule consistent with the Supreme Court’s Sackett v. EPA ruling from May 25 by Sept. 1. In the mentioned ruling, it constricted the scope of waters included in the Waters of the United States (WOTUS) definition, marking a setback for the Biden administration.
The Coalition’s letter petitioned the agencies to not merely strike the “significant nexus” language or the definition of “adjacent waters” in the final rule. The Coalition believes such an approach would neither be a defendable response to the Supreme Court decision in Sackett v. EPA nor would it be a suitable course for this particular rulemaking process.
New WOTUS Meeting on the Schedule
The letter comes as the Office of Management and Budget (OMB) is preparing for meetings to discuss amendments to the WOTUS rule, proposed by the EPA. So far, eight meetings have been arranged to review the final rule.
The schedule includes sessions commencing on July 27 with the Waters Advocacy Coalition and the American Road and Transportation Builders Association. Additional meetings are planned for July 31 with RISE (Responsible Industry for a Sound Environment) and the National Mining Association.
In the following week, Aug. 1 is earmarked for consultations with the Edison Electric Institute, National Association of Homebuilders, and the National Stone and Gravel Association. The series of meetings will conclude on Aug. 4 with the American Farm Bureau Federation.
EPA has committed to finalizing and releasing their definitive rule by Sept. 1, 2023.
