TROUBLED WATERS: STATES & ENVIRONMENTAL GROUPS CHALLENGE EPA OVER CLEAN WATER DELAY

The Trump administration has formally discontinued a major Obama-era clean water regulation. Last week, Environmental Protection Agency Administrator Scott Pruitt announced the suspension of the Clean Water Rule for two years, while the administration works to repeal and replace the rule with their own, industry-friendly version.

The Waters of the United States (WOTUS), the rule was designed to limit pollution in about 60 percent of the nation’s bodies of water, as put forth by the E.P.A. and the Army Corps of Engineers in 2015. It expanded the protection of headwaters, streams, and 20 million acres of wetlands including large bodies of water, such as the Chesapeake Bay, Puget Sound and the Mississippi River under the 1972 Clean Water Act. It held farmers and real estate developers accountable for runoff pollution in streams running through their property. because these tributaries can carry fertilizer discharges and other kinds of contamination from agriculture and fossil fuel extraction into the larger bodies of water.

Under fierce criticism, over 100 parties have since challenged water regulation including business groups and some Republican officials, arguing that it was an overstep of government power, prompting President Trump to take aim against the regulation, calling it “one of the worst examples of federal regulation.”
Shortly after taking office, Trump issued an executive order directing the EPA and the Department of the Army to rescind and replace it with less burdensome regulatory requirements on how farmers, ranchers, real estate developers and industry must safeguard the streams and tributaries.

Last week, Pruitt took a major step toward completing that task, by filing legal documents requiring to suspend the water regulation rule for two years. The rule was set to be implemented in the coming weeks, following a Supreme Court decision that said legal challenges to the regulation should be decided in federal district courts. That ruling will result in the lifting of a stay issued by an appeals court blocking the 2015 rule from going into effect.

“Today, E.P.A. is taking action to reduce confusion and provide certainty to America’s farmers and ranchers,” Pruitt said in a statement. “The 2015 WOTUS rule developed by the Obama administration will not be applicable for the next two years, while we work through the process of providing long-term regulatory certainty across all 50 states about what waters are subject to federal regulation.”

Republicans cheered the administration’s move saying the regulation was an infringement on property rights for farmers, ranchers.
“The Obama administration’s outrageous Waters of the United States rule would have put backyard ponds, puddles, and farm fields under Washington’s control,” said Senator John Barrasso, the Wyoming Republican who is chairman of the Senate Environment and Public Works Committee in an interview with the New York Times, “Today’s action will give Wyoming’s ranchers, farmers, small businesses, and communities clarity."

Dozens of states and environmentalists groups have rallied to fight the move. This week, attorneys general from states including New York, Mississippi, Texas and Louisiana have filed a lawsuit against the Trump administration for delaying enforcement of the EPA rule meant to protect waterways saying it wrongly applied to lands far from traditionally “navigable waters.”

"The Trump Administration’s suspension of the Clean Water Rule is clearly illegal, threatening New York’s decades-long efforts to ensure our residents have access to safe, healthy water," New York Attorney General Eric Schneiderman, who is leading the coalition, "We will fight back against this reckless rollback and the Trump administration’s continued assault on our nation’s core public health and environmental protections.”

In conjunction with the 11 states, Natural Resources Defense Council and National Wildlife Federation also filed a lawsuit in federal court in New York to prevent the EPA and the Army Corps of Engineers from delaying implementation of the regulations.

“The Clean Water Rule protects the bodies of water that feed the drinking water supply for one in three Americans,” said Jon Devine, NRDC senior attorney told The New York Times, “E.P.A. Administrator Scott Pruitt is racing the clock to deny protections for our public health and safety. It’s grossly irresponsible, and illegal."
Environmentalists predicted the rewrite will let polluters off the hook and say the delay is an obvious attempt to make it easier for corporate and agricultural interests to pollute waterways by allowing them to sidestep stiffer regulations.

“This reckless decision by the Trump Administration to suspend the implementation of the Clean Water Rule will put the drinking water for one in three Americans in danger, all so Trump and Scott Pruitt continue to pander to polluters intent on spewing their noxious waste into America’s waterways without accountability." Dalal Aboulhosn, Deputy Legislative Director for Land and Water for the Sierra Club said in a statement released by the environmental organization.

American Rivers, President Bob Irvin also critical of the White House's move says the move undercut water protections against dredging and filling will make innumerable small streams and wetlands that are essential for drinking water supplies, flood protection, and fish and wildlife habitat vulnerable to unregulated pollution.

"Healthy rivers and streams are vital to our communities and economy, and the health of millions of Americans. President Trump and EPA Administrator Pruitt want to throw away carefully crafted safeguards that were based on strong economic arguments, sound science and broad public support," stated Irvin.

EPA's Pruitt has been targeting WOTUS for years, even before he was in Washington; as Oklahoma attorney general, in 2015 where he lead a multi-state lawsuit against the rule, is expected to roll out his own version diminished of the rules this spring and finalize new rules this year.

PROTECT, PADDLE & PETITION

In the spring of 2015, hundreds of activists in kayaks and small boats fanned out on Puget Sound to protest Shell Oil Company to resuming oil exploration in the Arctic. The paddle-powered environmental groups vowed to disrupt the oil company’s efforts to use of Seattle as a home base for their rigs returning from Alaska's northwest coast, saying that drilling in the remote Arctic waters could lead to an ecological catastrophe. Kayakers paddled around the rigs yelling “Shell No.” and unfurled banners for “Climate Justice.”

And just like that, the term "Kayaktivism" was launched. Ever since paddlers have rallied in places to protect on nation's waterways. In North Dakota, canoeist and kayakers gathered on the waters of the Cannonball, a tributary of the Missouri River to battle to stop the construction Dakota Access Pipeline.

Others groups spoke out against the dismantling of the stream protection rule, a safeguards streams from pollution created by mountaintop removal and surface coal mining. The bill was eventually signed by President Trump.

Lake Michigan

While in the Great Lakes region of U.S. and Canada many are sounding the alarm against potentially drastic cuts to an ecological recovery initiative for the Great Lakes. The Trump administration's potential cuts to the Great Lakes Restoration Initiative reported by the Detroit Free Press would slash annual funding for the $300 million program to $10 million.

“Lake Michigan is our Yellowstone,” Chicago Mayor Rahm Emanuel told Chicago Tonight, “That is our Grand Canyon. We have to treat it with that same type of respect and investment in the future"

So in an aim to protect wild rivers and public lands, Outside Adventure to the Max is joining in the efforts of American Rivers, to celebrate the 50th anniversary of the Wild and Scenic Rivers Act in 2018. We are teaming up to ask Congress to protect 5,000 new miles of Wild and Scenic Rivers and one million acres of riverside lands. This then ensures that wild rivers flowing through public lands remain unharmed by development and pollution.

Otter Tail River

"As you probably know, fresh water is one of the big issues of our time. It is essential to our health, wealth, and security." Jeff Wiedner, American Rivers' Director of Online Community, wrote in an email, "But our rivers the main source of water for most Americans are under tremendous pressure. Too much water is being pumped out, too much pollution is being dumped in, too many dams block our rivers, and too much pavement is smothering riverside habitat."

He continued by saying that there are many challenges ahead but success depends on people getting involved.

"We believe every community deserves a healthy river," he stated, "Because communities with healthy rivers will enjoy ample clean water supplies, economic opportunity, and a high quality of life."

St Croix River

Sign the petition to Protect Wild Rivers
Support Protecting 5000 New Miles of Wild and Scenic Rivers

“In celebration of the upcoming 50th Anniversary of the National Wild and Scenic Rivers System, we urge you to defend and protect our nation’s 208 national Wild and Scenic Rivers and the public lands through which many of them flow. Join us in calling for additional Wild and Scenic protections for 5,000 miles of rivers and 1,000,000 acres of riverside lands across the country. At a time when we should be celebrating nearly 50 years of wild river protection, some of our best rivers flowing through public lands across the country are at risk. We urge you to oppose any efforts by Congress or the Administration that seek to weaken existing protections or transfer our treasured public lands and Wild and Scenic Rivers."

TRUMP RAPIDS

Trump Rapids by Debbie Klenzman

We are all paddling down an uncharted course. It all started with a little rough water and around the bend, we hear the giant roar of raging rapids. We think to paddle to the safe side, but there is no safe side. We back paddle hoping and fighting to go upstream, but the current is just too strong and pulls us to the abyss. There is no turning back, we are swept over the falls, hoping for the best and hoping to survive.

That is what these last couple of weeks have seemed like to me across the United States. Almost immediately upon taking office, President Donald Trump has begun fulfilling his campaign promises of gutting, targeting its spending and planning to halt much of its work, along with trying to silence his critics on global warming and muzzling staff at the national parks. He has put the long-debated Keystone XL pipeline back on track and signed executive actions to begin cracking down on border security, including a travel ban and building a border wall with Mexico.

"I will build a great wall -- and nobody builds walls better than me," Trump said during his candidacy announcement speech in June 2015,  "Believe me --and I'll build them very inexpensively. I will build a great, great wall on our southern border, and I will make Mexico pay for that wall. Mark my words."

"We have also come because of the looming atrocity that might well occur down here under the Trump reign " wrote Alan Kesselheim in op-ed piece for Canoe & Kayak' Online, "Who knows what stupid shenanigans will take place along this fraught and contentious border country full of history, skirmish, war, culture clash, and complication that Trump thinks a wall will take care of. A big, beautiful wall, he says, that Mexico will pay for." 

Courtesy of NPS

Last December, Kesselheim and company took their red tandem canoe along a muddy stretch of the Rio Grande River downstream of Big Bend National Park,  known as the Lower Canyons in a place he calls loneliest river miles on the continent. Deep inside canyon walls climbing 1,5,000 feet, Kesselheim found what describes as haunting beauty, but at times focused on the purposed border wall.
 
"The specter of it forms the backdrop for our lovely holiday journey. It shadows all the spectacular side canyons we walk up, all the rapids we run, all the springs we drink from, sours the company of all the wildlife we see going back and forth. Hour after hour, day on day, our red canoe rides the currents of water eddying back and forth between arbitrary borders on a map. Mile after mile we marvel at the true beauty of canyon walls rising sheer out of the river – intimidating, harsh, craggy, lovely walls, courtesy of Mother Nature"

Courtesy of NPS

The length of the border with Mexico is 1,954 miles, as defined by the U.S. International Boundary and Water Commission. The land border stretches 675 miles, while the length of the border along the Colorado River and Rio Grande is 1,279 miles. Trump said construction on his highest-profile campaign promise would begin in months. On his journey down river Kesslheim, says he asked every single person from shuttle driver to ranch worker, from park employee to waitress to hotel owner what they think of the wall. And while many admitted to voting for Trump, most thought the wall was "a really stupid idea," and that it should never happen.

 "Don’t get me started on the complications involved in building this stupid barrier, or the short-sighted, myopic cluelessness of it. Minor matters like the logistics of actually constructing a 2,000-mile, impenetrable wall along a border as environmentally intimidating as ours with Mexico. Or the mind-boggling cost of such a project and the very good possibility that it won’t work anyway. Then there are the thorns of history that still fester centuries later along that border. And don’t forget the native peoples’ claims to land and culture that predates our occupation. If we really want to talk about entitlement, let’s talk to some Apache."

It seems from Alaska to Florida our public lands and waterways are in under threat. Last week, in one of a number of high-profile orders, Trump also instituted a ninety-day hiring freeze across the executive branch, a heavy blow to the U.S. Fish and Wildlife Service, the Bureau of Land Management, the National Park Service, and other chronically short-staffed agencies.

Courtesy of NPS

While this week U.S. House of Representatives introduced a resolution to dismantle the Stream Protection Rule. Members of Congress are using the Congressional Review Act to take aim at the rule, finalized by the Department of the Interior in December 2016, which safeguards streams from pollution created by mountaintop removal and surface coal mining. The House passed a resolution, 228-194 and the Senate to approved the resolution  sending it to the President’s desk.
The Republican Senate majority leader, Mitch McConnell, said the stream rule, introduced in the dying days of Barack Obama’s administration, “unfairly targets coal jobs.”
Environmentalists say surface coal mining has devastated thriving natural ecosystems and entire communities like those in Central Appalachia. The Stream Protection Rule modernized existing regulations. National Parks Conservation Association (NPCA) Senior Director of Water Policy Chad Lord says, Congress is taking a troubling step backward by dismantling this rule that protects the small businesses and families that depend on clean water. This what he said in a statement released by the NPCA.

"The Stream Protection Rule would prevent toxic pollution produced by mining operations from harming waterways. These are the same waterways that people hike by or paddle on in national parks including Big South Fork National River and Recreation Area, Bluestone National Scenic River and New River Gorge National River. Will Americans continue to want to visit these national park sites and spend millions of dollars in surrounding communities each year, if polluted waterways greet them upon arrival? Rather than blocking these important policies, Congress should work to ensure our national parks and surrounding communities have the clean waters they deserve."

So as fears and setbacks swirl in the rapids of President Donald Trump and Congress'  environmentally unfriendly rhetoric, environmentalists and naturalists are sounding the alarms from the mountains and rivers they have sworn to protect. Columnist Wes Siler wrote this in Outside Online.

"Donald Trump’s tenure in the White House. Along with the Republican Party’s reign in Congress, will be an unmitigated disaster for the environment. A witch hunt is already underway for federal employees who support the science of climate change. Protections for the 640 million acres of public land you and I own in this country are already being stripped away. Oil and gas extraction on public land is expected to be deregulated, and even coal—a heavily polluting, inefficient energy source the market has rendered obsolete—may see reinvestment."

The Sierra Club Executive Director Michael Brune also released the following statement:

“This a pathetic marketing scheme by Donald Trump, not a way to run a country. The Presidency is not like QVC - letting this polluter-packed administration pick off vitally important clean air and clean water safeguards in a fire sale will do nothing less than put lives at risk. What this means is that for every restriction on immigration or tax break for big oil companies that is put into place, Donald Trump will also be able to throw out two clean air and clean water safeguards. The safeguards that Trump wants to throw out are those that ensure we can fulfill and implement laws deeply valued by Americans, like the Clean Air and Clean Water Acts, meaning this shameless pandering is willfully ignorant of Congressional mandates. This is a dangerous, deadly plan to undermine the laws that protect our environment, our workplaces, and our families and Trump should expect fierce resistance.”

Courtesy of NPS

And back on the Rio Grande, Kesslheim looked out over the bends of the quiet river pondering its future and ours.  

"And that’s where we stand today, in the process of confronting just that sort of exclusionary nationalism, symbolized oh so clearly by the ludicrous, impossible, and all too real 2,000-mile wall no one thinks will actually get built but which also empowered Donald Trump’s election. The longer we are in the grasp of that relentless downhill momentum, under the blue dome of winter sky, in the cool shade of looming cliff, in the company of life that never entertains nationalist seduction, the less I feel a part of the recent American enterprise, this vote that just took place, these sentiments shouted in angry arenas. In some fundamental way, I truly can’t fathom that it happened."