ASWM Comments in Response to Outreach Request on CWA Jurisdiction Step 2 Rulemaking

On November 28, the Association of State Wetland Managers responded to the request for recommendations on a revised definition of ‘waters of the United States’ as the U.S. Environmental Protection and Department of Army’s actions to comply with Presidential Executive Order on "Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the 'Waters of the United States' Rule."  The Executive Order directed the agencies to “consider interpreting the term "navigable waters," as defined in 33 U.S.C. 1362(7), in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. United States, 547 U.S. 715 (2006).” The agencies have previously completed a comment period on a proposal to rescind the 2015 CWA jurisdiction rule (Step 1) and were requesting public input on developing a new rule consistent with the Scalia opinion (Step 2). 

ASWM Cover Letter

ACWA, ECOS, and ASWM Send House Leadership Letter Highlighting Concerns About H.R. 3043, Hydropower Policy Modernization Act of 2017

The Association of State Wetland Managers signed on to a letter with the Environmental Council of States (ECOS) and the Association of Clean Water Administrators (ACWA) raising concerns about provisions of H.R. 3043, the Hydropower Policy Modernization Act of 2017. If enacted as written, the draft bill would modify Federal Energy Regulatory Commission (FERC) licensing requirements under the Federal Power Act and may conflict with state authority under Section 401 of the Clean Water Act to protect water quality and provide critical input on federal dredge and fill permits to wetlands and other waters under § 404. The joint letter is available here.

ASWM Comments on Proposal to Rescind the 2015 Clean Water Rule

The Association of State Wetland Managers has responded to the request for comments on the rule proposed by the U.S. Environmental Protecting Agency and the Department of Army to rescind the 2015 Clean Water Rule and replace it with the regulations and guidance that were previously in place. 

The proposed rule and other information relating to changes to the Clean Water Act Waters of the U.S. regulation can be found here.

For a recent blog post by ASWM Executive Director, Jeanne Christie on “Distribution of Wetlands and Streams and Extent of State Dredge and Fill Permitting Programs in the United States” click here.

EPA Makes State/Local Federalism and Tribal Consultation Letters Available

Last spring the U.S. Environmental Protection Agency and the Department of Army consulted with tribal, state, and local governments and their representative national organizations about developing a revised definition of Waters of the U.S. USEPA has posted the comments submitted in response to this request on the Waters of the U.S. website. They can be found here (states and local government), including the Association of State Wetland Manager’s response and here (tribal government).