"Waters of the United States": Heritage Expert Praises New Water Rule

Today, a new rule was proposed which would effectively erase the Obama-era Waters of the United States. 

Heritage  Washington—Today, the Environmental Protection Agency and the U.S. Corps of Engineers proposed a new rule which would help clarify what waters are regulated under 
The Clean Water Act. Heritage senior research fellow, Daren Bakst released the following response:  

“The EPA and Corps should be commended for proposing a rule that respects the rule of law and recognizes the important role states play in protecting our nation’s waters.  While the federal role in protecting water is important, the Clean Water Act was never envisioned as a tool for the federal government to effectively regulate almost every water.  In fact, the Clean Water Act itself makes it expressly clear that states are supposed to play a leading role in water regulation, not the federal government. 

“Congress recognized that cooperative federalism was the best approach to protect the environment.  Our nation’s waters will be protected best when those closest to the environmental challenges identify the solutions, not when federal bureaucrats impose a one-size-fits all solution.

“There is of course still a lot to review regarding this proposed rule, and changes may be needed.  However, the proposed rule is a good start.  Today is a great day for the environment, the rule of law, and property owners across the country.”

About Waters of the United States

Again, what will liberals do to us next? This:
. . . "Eager to take advantage of a murky situation and beef up EPA’s enforcement authority, the Obama administration in 2015 proposed “clarifying” the issue by greatly expanding EPA’s jurisdiction to include ditches, ponds, groundwater, and even “ephemeral” waters (those that form only after rainfall). The rule would have forced farmers, ranchers, and other landowners to obtain permits from EPA if they wanted to make any modifications to their property. A host or organizations sued EPA, and a federal judge ordered a stay on the rule in 24 states." . . .
"What is and What is not Subject to Federal Regulation"

“Our proposal would replace the Obama EPA’s 2015 definition with one that respects the limits of the Clean Water Act and provides states and landowners the certainty they need to manage their natural resources and grow local economies,” said Acting EPA Administrator Andrew Wheeler in a statement. “For the first time, we are defining the difference between federally protected waterways and state protected waterways.

"Under the Trump proposal, the federal government, for the first time, has divided navigable waters into six categories:

• traditional navigable waters (rivers, bays, the Great Lakes, etc.);
• waterways connected to navigable waters, including tributaries;
• certain navigable ditches used for commercial shipping, such as the Erie Canal;
• lakes and ponds that contribute to navigable waterways;
• impoundments of jurisdictional waterways; and
• wetlands adjacent to navigable waterways through “direct subsurface connection.”