Plans to significantly curb wetlands' shield from federal regulation

In a move that could reshape the landscape of environmental regulation, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers are poised to finalise new Clean Water Act rules. These rules, if implemented, could significantly reduce federal regulation of wetlands across the United States.

According to a slide, ditches that drain into mostly permanent waters could be exempt from the Clean Water Act, provided they are constructed entirely in dry land. This exemption would extend to more industrial waste treatment systems and ditches, as outlined in the proposed rule.

However, concerns have been raised about the implementation of this new rule, particularly due to the variability of wet seasons. John Paul Woodley Jr., a former Virginia secretary of natural resources, expresses his doubts, stating that the new rule could prove challenging to implement.

The proposed new standard for wetlands could potentially exclude the majority of wetlands in the country, according to an anonymous EPA staffer. This could have a significant impact, particularly in the western U.S., where many wetlands are groundwater-fed or do not contain surface water for most of the year or for the duration of a wet season.

Betsy Southerland, a former EPA staffer, highlights a key question: how agencies will determine whether a water body or wetland is "relatively permanent." EPA staffers may use an online tool called WebWIMP to make this determination, according to another slide.

The rule, if implemented, is expected to result in less federal jurisdiction over wetlands and waters compared to prior rules, according to Woodley. Southerland adds that a drier-than-average year could lead to many streams being excluded from consideration due to the precipitation-based determination.

The potential impact of these changes on wetlands is a topic of ongoing debate. Some argue that the new rule could be beneficial for industries, while others express concerns about the potential loss of vital ecosystems. As the EPA and Army Corps of Engineers finalise the new rules, this debate is likely to continue.