The Trump Administration has repealed the 2015 Clean Water Rule that defines which bodies of water are subject to federal authority, a move supported by the American Road & Transportation Builders Association (ARTBA).
The rule amended portions of the Code of Federal Regulations. The Environmental Protection Agency and the Department of the Army repealed the rule for four reasons: The rule did not implement the legal limits on the scope of the agencies’ authority under the Clean Water Act; the act preserves states’ rights to prevent, reduce, and eliminate pollution; to avoid interpretations of the act that push the envelope of constitutional and statutory authority; and the rule’s distance-based limitations contained procedural errors and a lack of adequate record support.
Under the rule, roadside ditches could have been subject to federal oversight.
“The regulatory ping-pong on roadside ditches has created vast uncertainty for years with little environmental benefit,” ARTBA President and CEO Dave Bauer said. “Regulators should understand that delay and uncertainty only serve to increase transportation project costs. The Trump administration repeal is a common-sense approach to harmonize wetlands protection and the delivery of needed transportation improvements.”
ARTBA has previously stated that ditches serve a necessary function while traditional wetlands are not usually man-made.