Trump Administration Cuts Back Federal Protections For Streams And Wetlands

[Belsnickel]

https://www.npr.org/2020/01/23/798809951/trump-administration-is-rolling-back-obama-era-protections-for-smaller-waterways

Quote:The Environmental Protection Agency is dramatically reducing the amount of U.S. waterways that get federal protection under the Clean Water Act — a move that is welcomed by many farmers, builders and mining companies but is opposed even by the agency's own science advisers.

EPA Administrator Andrew Wheeler, who announced the repeal of an earlier Obama-era water rule in September, chose to make the long-anticipated announcement Thursday in Las Vegas, at the National Association of Home Builders International Builders' Show.

"All states have their own protections for waters within their borders, and many regulate more broadly than the federal government," Wheeler told reporters on a conference call before the announcement.

"Our new rule recognizes this relationship and strikes the proper balance between Washington, D.C., and the states," he added. "And it clearly details which waters are subject to federal control under the Clean Water Act and, importantly, which waters falls solely under the states' jurisdiction."

The biggest change is a controversial move to roll back federal limits on pollution in wetlands and smaller waterways that were introduced less than five years ago by President Barack Obama.

The Obama executive action, which broadened the definition of "waters of the United States," applied to about 60% of U.S. waterways. It aimed to bring clarity to decades of political and legal debate over which waters should qualify.

However, various business interests painted the regulation as a massive federal overreach. Within weeks after the change was announced in May 2015, 27 states sued to block it. At the time, Texas Attorney General Ken Paxton, a leading critic, called the new rule "so broad and open to interpretation that everything from ditches and dry creek beds to gullies to isolated ponds formed after a big rain could be considered a 'water of the United States.' "

The revised rule announced Thursday states that ephemeral bodies of water — those that form only after rainfall or that flow only part of the year and dry up at other times — are among those that are not subject to federal control. This exception also applies to waste treatment systems, groundwater, prior converted cropland and farm watering ponds.

It also identifies four categories that are federally regulated under the Clean Water Act: large navigable waters such as the Mississippi River, tributaries, lakes and ponds, and major wetlands.

The article is a long one, so I'll end the copy pasta there. I could go on and on about the impact this has and why my position is strongly against this rollback on regulations, but I will share these links that make the argument better than I could:

https://www.backcountryhunters.org/what_a_roll_back_of_the_clean_water_act_means_for_those_who_hunt_and_fish

https://www.tu.org/blog/clean-water-rule-update-january-2020/

https://www.trcp.org/clean-water-rule/

https://www.iwla.org/publications/news/2020/01/23/izaak-walton-league-decries-weakening-of-protections-for-clean-water-and-wildlife-habitat

https://www.nrdc.org/court-battles/clean-water-rule

https://www.cleanwateraction.org/releases/despite-trump-claims-epas-rollbacks-put-water-risk

You can see that my perspective lies strongest as a sportsman. However, this issue goes far beyond that. Our waterways are all interconnected, and any that are at risk put all of them at risk.

[GMDino]

Color me stunned.

I wonder how long it will take to fix what Trump and his minions destroyed/dismantled?

[*michaelsean*]

(01-27-2020, 12:21 PM)GMDino Wrote: Color me stunned.

I wonder how long it will take to fix what Trump and his minions destroyed/dismantled?

In this case, not long if he isn't re-elected.  It's only been in effect for five years so one more year on top of the decades it wasn't in effect can't amount to much.  Especially since there's nothing to say people are going to start dumping waste right away.

[GMDino]

(01-27-2020, 12:34 PM)michaelsean Wrote: In this case, not long if he isn't re-elected.  It's only been in effect for five years so one more year on top of the decades it wasn't in effect can't amount to much.  Especially since there's nothing to say people are going to start dumping waste right away.

I'll assume many never stopped dumping...they just hope they don't get caught then pay a fine that is much less than the cost of doing things the right way anway.  

[*michaelsean*]

(01-27-2020, 12:46 PM)GMDino Wrote: I'll assume many never stopped dumping...they just hope they don't get caught then pay a fine that is much less than the cost of doing things the right way anway.  

That's possible too.

[fredtoast]

Here is what happens with "state regulation". The Champion paper Mill in North Carolina dumped massive amounts of toxins in the Pigeon River for many years because they were on the eastern edge of north Carolina and all the poison flowed into Tennessee. North Carolina did not care because their water was not getting polluted and there was nothing Tennessee could do to regulate a factory in a different state.

Same thing happened with emissions from high sulfur coal burned in power plants. The resulting acid rain fell in different states from where the coal was burned.

[Benton]

(01-27-2020, 01:38 PM)fredtoast Wrote: Here is what happens with "state regulation".  The Champion paper Mill in North Carolina dumped massive amounts of toxins in the Pigeon River for many years because they were on the eastern edge of north Carolina and all the poison flowed into Tennessee.  North Carolina did not care because their water was not getting polluted and there was nothing Tennessee could do to regulate a factory in a different state.

Same thing happened with emissions from high sulfur coal burned in power plants.  The resulting acid rain fell in different states from where the coal was burned.

I live where the end of the Ohio meets the Mississippi. You can see the difference in the waters. Not that the Miss is anything pristine, but the Ohio is some nasty, nasty stuff.

[HarleyDog]

(01-28-2020, 10:15 AM)Benton Wrote: I live where the end of the Ohio meets the Mississippi. You can see the difference in the waters. Not that the Miss is anything pristine, but the Ohio is some nasty, nasty stuff.

It's Pittsburgh's Fault.

[*michaelsean*]

(01-28-2020, 10:15 AM)Benton Wrote: I live where the end of the Ohio meets the Mississippi. You can see the difference in the waters. Not that the Miss is anything pristine, but the Ohio is some nasty, nasty stuff.

In Cairo, but not pronounced like Cairo?

Edit: Not Cairo, that's in Illinois, but that's where they meet. Must be Paducah. I think that's nearby.

[*Nately120*]

I never quite understood why destroying the air land and water of this country isn't considered a slap in the face to the brave people who fought and died for it, but whatever.

[GMDino]

(01-28-2020, 12:36 PM)Nately120 Wrote: I never quite understood why destroying the air land and water of this country isn't considered a slap in the face to the brave people who fought and died for it, but whatever.

[*Nately120*]

(01-28-2020, 12:43 PM)GMDino Wrote:

I know why the powers that be do it, but I mean why don't regular schlubs who love this country see poisoning it as offensive to "the troops?"  I assume it's just great misdirection on the part of the money-grubbing elite who profit from it.

[GMDino]

(01-28-2020, 12:46 PM)Nately120 Wrote: I know why the powers that be do it, but I mean why don't regular schlubs who love this country see poisoning it as offensive to "the troops?"  I assume it's just great misdirection on the part of the money-grubbing elite who profit from it.

Same reason.  The elected officials promise "no new taxes" as long as you don't mind dirty water and air.  And then SOMEDAY you'll be rich enough to go somewhere nicer. 

[Belsnickel]

(01-28-2020, 12:46 PM)Nately120 Wrote: I know why the powers that be do it, but I mean why don't regular schlubs who love this country see poisoning it as offensive to "the troops?"  I assume it's just great misdirection on the part of the money-grubbing elite who profit from it.

Serious answer: faith.

https://theconversation.com/understanding-christians-climate-views-can-lead-to-better-conversations-about-the-environment-115693

[Benton]

(01-28-2020, 11:27 AM)michaelsean Wrote: In Cairo, but not pronounced like Cairo?

Edit:  Not Cairo, that's in Illinois, but that's where they meet.  Must be Paducah.  I think that's nearby.

Winner winner, I live about a half hour south of Paducah. We do travel through Cairo quite a bit as a back way into st Louis. 

[*michaelsean*]

(01-28-2020, 08:32 PM)Benton Wrote: Winner winner, I live about a half hour south of Paducah. We do travel through Cairo quite a bit as a back way into st Louis. 

I think you’ve mentioned that before but for some reason I forget and think of you in southeastern Ky. “Justified” territory.

It is a cool site though. From just driving past it looks like a gigantic lake and hard to tell two rivers meet there.

[GMDino]

Only undoing 50 years with this one.

https://www.nytimes.com/2020/01/30/climate/trump-bird-deaths.html?smid=fb-nytimes&smtyp=cur&fbclid=IwAR1CmwUTJdBW609oYGbIoWdy_YBvQcmP_4SxXvFfDJ1oOiCE4wpk34wkVW8

Quote:Trump Administration Moves to Ease Rules Against Killing Birds



WASHINGTON — The Trump administration will move as early as Thursday to weaken a century-old law protecting migratory birds by dropping the threat of punishment to oil and gas companies, construction crews and other organizations that kill birds “incidentally” in the course of their operations.

The proposed regulation, if finalized, would cement a legal opinion that the Department of Interior issued in 2017. The agency’s top lawyer argued that previous administrations had interpreted the Migratory Bird Treaty Act of 1918 too broadly, and that only actions explicitly intended to kill birds should be forbidden under the federal law. The death of a bird from an oil slick, the blade of a wind turbine or the spraying of illegal pesticides would no longer trigger penalties.

That interpretation has already had significant consequences for thousands of migratory birds. According to internal agency documents recently obtained by The New York Times, the Trump administration has discouraged local governments and businesses from taking simple precautionary measures to protect birds, and federal wildlife officials have all but stopped investigating most bird deaths.


With the outcome of November’s presidential election uncertain, the Trump administration is moving quickly to finalize dozens of regulatory rollbacks and other actions to weaken environmental protections viewed as burdensome by industry.

In recent weeks, the administration has scrapped a clean water regulation aimed at protecting streams and wetlands, and blocked an effort to require Americans to use energy-efficient light bulbs. Within the next month the administration plans to weaken vehicle emissions standards and a rule restricting mercury, a toxic chemical emitted from coal-burning power plants. Completing the rule curtailing the Migratory Bird Treaty Act before the November presidential election will be difficult, but the agency has indicated it will push aggressively to do so.


“It’s a race against the clock,” Bob Dreher, senior vice president of conservation programs at Defenders of Wildlife, an environmental organization, said of the proposed regulation.

Any legal guideline, like the one now governing bird-death enforcement, can be easily overturned; the 2017 opinion on “incidental” avian deaths reversed guidelines written by the Obama administration to enshrine the government’s ability to fine and prosecute those who accidentally kill migratory birds. Mr. Dreher noted that codifying the opinion into regulation, as the Trump administration is trying to do, would make it harder for a future Democratic president to issue a quick reversal.


“They’re trying to entrench this as much as they can, and get stuff locked into place,” he said, but added, “We’re going to fight it.”

Six conservation groups and eight states have already sued to block the underlying legal opinion. Last week, a group of former Interior Department officials from both Republican and Democratic administrations filed an amicus brief in support of the lawsuit.


Oil industry officials argued that they have worked voluntarily to protect birds and will continue to do so. They also accused the Obama administration of abusing the law by singling out oil and gas companies for prosecution. 
The new rule, several business leaders said, brings regulatory certainty to companies worried that bird deaths would make them criminally liable for millions of dollars.


The Migratory Bird Treaty Act makes it illegal “by any means or in any manner” to hunt, take, capture or kill birds, nests or eggs from listed species without a permit. Beginning in the 1970s, federal officials used the act to prosecute and fine companies up to $15,000 per bird for accidental deaths on power lines, in oil pits, in wind turbines and by other industrial hazards.


In 2010, the Deepwater Horizon disaster killed 11 people and spewed more than 210 million gallons of oil into the Gulf of Mexico. Hundreds of thousands of birds were killed, and BP agreed to pay $100 million for criminal violations under the Migratory Bird Treaty Act.

Under the current legal guidance and the proposed regulatory changes, that incident would no longer trigger criminal liability because the birds were killed unintentionally. Illegal acts are also protected under the plan. For example, a farmer who sprayed a banned pesticide that killed birds would not be held liable as long as the birds were not the “intended target.”

[Benton]

(01-28-2020, 09:08 PM)michaelsean Wrote: I think you’ve mentioned that before but for some reason I forget and think of you in southeastern Ky. “Justified” territory.

It is a cool site though. From just driving past it looks like a gigantic lake and hard to tell two rivers meet there.

Fair 'nough.

Oddly, I just started watching that show on Hulu. I really like the books Harlan's character was in, but never had a chance to watch the whole series. It's good so far.

I will say, eastern Ky is to western Ky as Stevia is to honey. No coal mines out here, mostly flat farms and river industry. But both of us thank God we aren't Louisville.