Thursday, April 28, 2011

President Obama seeks to extend Clean Water Act protections

More of the West's small streams and wetlands would be protected by the Clean Water Act under an Obama administration proposal announced Wednesday. The new guidance would replace policies of the President George W. Bush administration and clear up some of the legal murkiness created by two U.S. Supreme Court rulings that threw into question the reach of federal water pollution laws. The draft, which the administration described as a step toward adopting a formal rule, would broaden federal jurisdiction over small tributaries, seasonal streams and nearby wetlands. Those protections were narrowed by the high court decisions and subsequent guidances issued by the Bush administration, which effectively dropped regulation of isolated water bodies such as vernal pools and prairie pot holes that are not connected to traditional navigable waters. The matter has been a contentious one. Agricultural and building interests have fought broader oversight, saying it hinders development and interferes with farm activities. Environmental groups have lobbied for coverage, arguing that intermittent or ephemeral waterways make up the majority of stream miles in the arid West...more

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