HCC Conservation Forum

In the case Pasqua Yaqui Tribe v. EPA, an Arizona Federal District Court judge remanded the Trump-era Navigable Waters Protection Rule to the U.S. Army Corps of Engineers and the U.S. Environmental Protection Agency, to be revised in a way that will protect many more streams and wetlands.

The judge went on to vacate the existing rule, meaning that it can not be applied in its present form, pending its revision. Judge Marquez ruled that the existing Navigable Waters Protection Rule violated the text and purpose of the Clean Water Act, and would cause irreparable harm to numerous streams.

The effect of the ruling outside Arizona is uncertain, and more litigation is likely. 

Learn more about this complex issue at:

https://earthjustice.org/sites/default/files/files/order_remand_and_vacate.pdf

https://news.bloomberglaw.com/environment-and-energy/litigation-confusion-to-follow-overturning-of-trump-water-rule

https://www.natlawreview.com/article/rough-waters-ahead-once-again-district-court-vacates-2020-navigable-waters

Thanks to Frank for bringing this important issue to our attention and to Bruce for providing a link to the U.S. District Court for the District of Arizona’s August 30 ruling regarding the Clean Water Act. A fairly brief explanation of the decision and its possible implications beyond the state of Arizona is available online at https://www.natlawreview.com/article/uncertainty-over-waters-us-definition-continues-federal-court-arizona-vacates-2020. (Still, plan on reading it twice.) However this decision may eventually be limited, it is still a big win for our rivers.  

Here's what the court said.

The following is from the latest AW online newsletter:

COURT RESTORES PRE-2020 CLEAN WATER ACT PROTECTIONS

In a big win for rivers, a US District Court in Arizona tossed out a 2020 federal rule that had dramatically reduced the number of waterways covered under the Clean Water Act. The court decision wiped the 2020 rule off the books because the rule was based on significant errors and posed a serious risk of harm to the public and the environment. Effective immediately, the more protective 1988 rule governing the Clean Water Act is back in place.