Last week, EPA and the Army Corps of Engineers promulgated the final rule repealing the 2015 rule defining the Waters of the United States. The repeal rule is 172 pages in its pre-publication version. The word "science" is used 18 times in those 172 pages. Almost all of them are used in quotes from the 2015 rule or characterizations of the intent of the 2015 rule.
I did not find a single sentence in the repeal rule stating that the science does not support the 2015 rule. As I noted when the Supplemental Notice of Proposed Rulemaking was issued, the mission of EPA and the Corps is to protect the Waters of the United States. If they've concluded that the text of the Clean Water Act doesn't give them the authority needed to do so, the Administration could certainly propose amendments to the CWA to give them that authority.
That's what used to be called "governing."
To view Foley Hoag's Law and the Environment Blog please click here
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.