CBF, Shorerivers To Sue Trump Administration over Repeal and Replacement of Clean Water Rule

(WASHINGTON, DC)—The Chesapeake Bay Foundation (CBF) and ShoreRivers plan to sue the Trump administration for repealing the Obama-era Clean Water Rule, which provided robust protections for wetlands and seasonal streams under the Clean Water Act, and replacing it with the dangerously weaker version published in the Federal Register today.

The new definition of Waters of the United States (WOTUS) ignores the scientific underpinnings of the 2015 Clean Water Rule and jettisons vital protections for wetlands and streams across the Bay’s 64,000 square-mile watershed. It will do the most damage in Delaware, the District of Columbia, and West Virginia, which rely entirely on federal law to protect their local waters. In Delaware alone, it would allow the destruction of nearly 200,000 acres of wetlands.

The new WOTUS rule will also be harmful in Maryland, Pennsylvania, New York, and Virginia, despite those states’ additional state water protection programs, because their programs all have gaps the new rule will exacerbate. In Maryland, nontidal wetlands could lose protections, as could Pennsylvania streams that flow only in response to precipitation, known as seasonal streams. Thousands of Delmarva Bays, wetlands unique to the Delmarva Peninsula, are directly at risk as well.

As natural filters, wetlands play a crucial role helping the six watershed states and the District meet their targets for reducing nitrogen, phosphorus, and sediment pollution entering the Bay and its tributaries by the 2025 deadline set by the Chesapeake Clean Water Blueprint.

Wetlands soak up excess water from the more frequent and intense storms and floods caused by climate change, which regularly batter the watershed’s farms, low-lying coastal communities, and rapidly disappearing Bay islands. Wetlands also protect and recharge drinking water supplies.

By providing irreplaceable habitat for fish, native wildlife, and migratory birds, wetlands support the region’s $65 billion outdoor recreation industry and the more than half a million jobs it provides.

In response to publication of the new WOTUS rule, Jon Mueller, CBF’s Vice President of Litigation, said:

“The Trump administration’s new WOTUS rule is an astounding attack on the Clean Water Act and another egregious example of its destructive disregard for science. By slashing the number of waterways in the watershed protected from pollution under the Clean Water Act, this damaging rule puts the entire cleanup effort in jeopardy.
“Wetlands are vital to the health and resilience of the Chesapeake Bay and the 111,000 miles of local creeks, streams, and rivers from Cooperstown, NY, to Virginia Beach that feed into it. They are also critical to the region’s $65 billion outdoor recreation industry and the more than half a million jobs it supports.
“The stakes are too high to allow this dangerous rule to stand. CBF has worked tirelessly for years to protect the Clean Water Rule and prevent a weaker version from replacing it. We will be just as relentless as we take our fight to protect the Clean Water Act and the watershed’s wetlands to court.” 
Lisa Caruso 90x110

Lisa Caruso

Washington, D.C. Communications & Media Relations Manager, CBF

[email protected]

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