President Trump Issues Executive Order to Review or Rescind U.S. Waters Rule

President Trump signed an executive order earlier this week that orders the U.S. Army Corps of Engineers and the EPA to review or rescind the 2015 "Waters of the U.S." (WOTUS) rule. The President will also call for a halt of a lawsuit that challenges the rule from dozens of states, businesses and agricultural groups while the measure is being reviewed.

At the most fundamental level, the rule that was finalized during the Obama Administration, represents an unjustified expansion of Clean Water Act jurisdiction far beyond the limits of federal regulation explicitly established by Congress and affirmed by the courts. The rule gives federal agencies direct authority over land use decisions that Congress has intentionally preserved to the States. The EPA issued a final rule in May 2015 that attempts to expand federal jurisdiction over navigable waters under the Clean Water Act.

The rule is important to petroleum marketers because it defines how far federal clean water regulations extend into local land use and permitting decisions including the construction of new gasoline stations and surface water runoff from parking and fueling areas. Many petroleum marketers with bulk storage could also be adversely affected by the revised definition. In 2015, PMAA joined with a coalition representing a broad range of businesses, industries, and commercial interests to voice strong opposition to the revised definition of the WOTUS and PMAA has supported congressional efforts to scrap it through legislation and to block its implementation through the end-of-year spending bills. However, the Executive Order will only start the process of unwinding the EPA rule and it is not yet clear whether the Trump Administration's goal is to kill the rule or to write a far narrower version. Reversing WOTUS would require a rulemaking, which would be particularly complicated because of the ongoing litigation around the rule.

PMAA applauds the President's directive to review or rescind the WOTUS rule.