WASHINGTON, D.C. Feb. 24, 2017– Today President Trump issued an executive order directing the EPA and Army Corps of Engineers to revise their 2015 Clean Water Rule, which was created to clarify protections for headwater streams and wetlands under the Clean Water Act. The order directs the agencies to consider using former Supreme Court Justice Antonin Scalia’s minority opinion, which said that seasonal streams and many wetlands do not merit protection, as a basis for revising the rule.
“Sportsmen will not settle for watered down protections or negligence for the habitat that supports the fish and wildlife we love to pursue,” says Whit Fosburgh, president and CEO of the Theodore Roosevelt Conservation Partnership, which joined five other leading sportsmen’s groups in issuing a joint statement of support for the benefits of the Clean Water Rule.
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Two years ago, sportsmen, conservation groups, and many other stakeholders generated one million public comments that helped to shape the final rule, which was broadly celebrated for restoring protections to 60 percent of America’s stream miles and 20 million acres of wetlands previously at greater risk of being polluted or destroyed because of jurisdictional confusion. Since May 2015, there have been several legislative plays and lawsuits filed to block or roll back the rule.
“If this administration wants to put its stamp on the rule, they should honor the years of solution-oriented consensus on the need to reverse wetlands loss, which has been fueled by legal and regulatory confusion. More clarity for headwater streams and wetlands protections should be the baseline standard from which to improve the rule, not the target of a tear-down,” says Fosburgh.
It remains to be seen if it is even legal to ignore the majority position on a Supreme Court case. Meanwhile, the health of fish and wildlife habitat is the infrastructure of an outdoor recreation industry that fuels $646 billion in annual spending and supports more than 6 million American jobs.