Clear rules for cleaner waters

The Obama administration’s issuance this week of the Clean Water Rule to restore safeguards under the 1972 Clean Water Act will help keep our waters clean — from stream to sea and in between — but should also clarify muddied regulatory waters for farmers and other property owners.

Decisions by the U.S. Supreme Court in 2001 and 2006 left about 60 percent of the nation’s streams and millions of acres of wetlands without clear rules or regulation under the Clean Water Act’s intended protections. The legal limbo left landowners, particularly farmers, without clear direction of what was expected of them. And a New York Times story found the lack of enforceable rules led the federal Environmental Protection Agency to drop more than 1,500 investigations against polluters in just the first four years after the court’s 2006 decision.

In announcing the rule, President Obama noted that 1 in 3 Americans get their drinking water from streams that lacked clear rules for protection. At a statewide level, the rules will now cover 54 percent of Washington state’s streams that had been left without adequate protections. Bruce Speight, executive director for WashPIRG, a public interest research group, called the new rules “the biggest victory for clean water in a decade,” particularly for the health of Puget Sound, which depends on clean water from the streams and rivers that feed it.

Even before details of the new rules were released this week, the Republican-led U.S. House voted to block the rules, calling them vague, an overreach of executive authority and done with the intention to expand the Clean Water Act’s jurisdiction. The Senate is expected to follow along the same line later this summer.

None of that is the case. The rules themselves have now clarified what is covered by regulation. Nor is the rule-making authority of presidents and their agencies anything new. And while the regulations now cover smaller bodies of water such as streams and wetlands, the Clean Water Act, signed into law by President Nixon, still is not restored to the full regulatory authority that was set out in 1972.

The EPA and the U.S. Army Corps of Engineers, which proposed the rule jointly, went to great lengths in recent months to explain the regulations and take comment from those potentially effected. Groups representing industries and farmers, including the American Farm Bureau Federation, have challenged the rule, fearing it will burden landowners with environmental assessments and permitting.

But another agricultural organization, the National Farmers Union, which represents farmers in 33 states, including Washington, provided a more measured and less alarmist response. While it expressed concern that regulations might be extended to bodies of water that wouldn’t effect water quality, it praised the EPA for its outreach and said the result were rules that offered farmers clarity about what streams and ditches were covered and limited the risk for unnecessary enforcement and litigation.

Clearer rules help keep the waters cleaner.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Opinion

toon
Editorial cartoons for Thursday, March 28

A sketchy look at the news of the day.… Continue reading

Initiative promoter Tim Eyman takes a selfie photo before the start of a session of Thurston County Superior Court, Wednesday, Feb. 10, 2021, in Olympia, Wash. Eyman, who ran initiative campaigns across Washington for decades, will no longer be allowed to have any financial control over political committees, under a ruling from Superior Court Judge James Dixon Wednesday that blasted Eyman for using donor's contributions to line his own pocket. Eyman was also told to pay more than $2.5 million in penalties. (AP Photo/Ted S. Warren)
Editorial: Initiative fee increase protects process, taxpayers

Bumped up to $156 from $5, the increase may discourage attempts to game the initiative process.

Protecting forests and prevent another landslide like Oso

Thank you for the powerful and heartbreaking article about the Oso landslide… Continue reading

Boeing’s downfall started when engineers demoted

Boeing used to be run by engineers who made money to build… Continue reading

Learn swimming safety to protect kids at beach, pool

Don’t forget to dive into water safety before hitting the pool or… Continue reading

Comment: Why shootings have decreased but gun deaths haven’t

High-capacity magazines and ‘Glock switches’ that allow automatic fire have increased lethality.

Washington state senators and representatives along with Governor Inslee and FTA Administrator Nuria Fernandez break ground at the Swift Orange Line on Tuesday, April 19, 2022 in Lynnwood, Washington. (Olivia Vanni / The Herald)
Editorial: Community Transit making most of Link’s arrival

The Lynnwood light rail station will allow the transit agency to improve routes and frequency of buses.

An image of Everett Mayor Cassie Franklin is reflected in a storefront window during the State of the City Address on Thursday, March 21, 2024, at thee Everett Mall in Everett, Washington. (Ryan Berry / The Herald)
Editorial: State of city address makes case for Everett’s future

Mayor Franklin outlines challenges and responses as the city approaches significant decisions.

FILE - The massive mudslide that killed 43 people in the community of Oso, Wash., is viewed from the air on March 24, 2014. (AP Photo/Ted S. Warren, File)
Editorial: Mapping landslide risks honors those lost in Oso

Efforts continue in the state to map areas prone to landslides and prevent losses of life and property.

toon
Editorial cartoons for Wednesday, March 27

A sketchy look at the news of the day.… Continue reading

Burke: ‘Why not write about Biden, for once?’ Don’t mind if I do.

They asked; I’ll oblige. Let’s consider what the president has accomplished since the 2020 election.

Comment: Catherine missed chance to dispel shame of cancer

She wasn’t obligated to do so, but she might have used her diagnosis to educate a sympathetic public.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.