Message
From: Sent: To:
Subject:
Dudley Hoskins [Dudley@nasda.org] 5/9/2017 3:22:34 PM Bennett, Tte [/o=ExchangeLabs/ou=Exchange Administrative Group (FYDIBOHF23SPDLT)/cn=Recipients/cn=lfa92542f7ca4d01973bl8b2fllb9141-Bennett, El] Re: EMBARGOED until 11 AM EASTERN
Thanks !
Sent from my iPhone
> On May 9, 2017, at 11:17 AM, Bennett, Tate <Bennett.Tate@epa.gov> wrote: > > > From: Bennett, Tate > Sent: Tuesday, May 9, 2017 10:45 AM > T o : Bennett, Tate <Bennett.Tate@epa.gov<mai1t o :Bennett.Tate@epa.g o v > Cc: Bowman, Liz <Bowman.Liz@epa.gov<mai 1t o :Bowman.Liz@epa.g o v > Subject: EMBARGOED until 11 AM EASTERN > > Thi s morni n g , Admi ni strator Pruitt is mailing the attached 1etter to al1 50 governors, PR and terri tori es garneri ng feedback on what a workable defi ni ti on of WOTUS would 1ook 1ike for your speci fi c state. He requests feedback be sent to the EPA by June 19th. Knowi ng of your boss's parti cul ar interest in WOTUS, we wanted to give your office advance notice. > > CC d is Liz Bowman in our communications shop who would certainly be happy to work with you on press, statements, e t c ., shoul d your offi ce be incli n e d. >
Let us know if you have any questions.
Tate
Eli zabeth Tate Bennett Seni or Deputy Associ ate Admi ni strator Congressional and Intergovernmental Affai rs Offi ce of the Admi ni strator U.S. E-n-v-i--ronment;al Protection Agency
> EPA & U.S. ARMY SOLICIT STATE INPUT ON REDEFINING "WATERS OF THE U.S.
> "EPA is restori ng states' important role in the regulati on of water" - Admi ni strator Pruitt >
> WASHINGTON - U.S. Envi ronmental Protecti on Agency and the U.S. Army sent a 1etter to governors today soli ci ti ng input from states on a new defi ni ti on of protected waters that is in-line with a Supreme Court
Justice Antoni n Seali a's opi ni on in the 2006 Rapanos v. Uni ted States ca s e . Seali a's defi ni ti on expl ai ns
that federal oversight should extend to "relatively permanent" waters and wetlands with a "conti nuous
surface connection" to 1arge rivers and streams. >
> "EPA is restori ng states' important role in the regul ati on of wate r ," sai d EPA Admi ni strator Scott
Pruitt. "Li ke Presi dent Tr um p, I beli eve that we need to work with our state governments to understand what they think is the best way to protect thei r waters, and what actions they are already taki ng to do
s o . We want to return to a regulatory partnershi p , rather than regul ate by executi ve fi a t ." > > > "The Army, together with the Corps of Engineers, is committed to working closely with and supporting the EPA on these rulemaki ng s. As we go through the rulemaki ng process, we will conti nue to make the implementati on of the Clean Water Act Section 404 regulatory program as transparent as possi ble for the regulated public, " sai d Douglas Lamont, seni or offi ci al pe rformi ng the duties of the Assi stant Secretary of the Army for Civi1 Wo rk s. >
> The Clean Water Act asserts federal control over "tradi tional1y navigable waters" wi thout providi ng
clari ty or detai1s about the 1aw's scope. Presi dent Donald T rump signed an executi ve order on February 28,
2017 to di rect federal agenci es to roll back and repl ace the Obama Admi ni strati on's Clean Water Rule -
Sierra Club v. EPA 18cv3472 NDCA
Tier 3/4
ED 002061 00068483-00001
also known as the "Waters of the U.S." or WOTUS - to ensure that the nation's navigable waters are kept
free from pol1uti o n , whi1e at the same ti me promoti ng economi c growth, mi ni mi zi ng regulatory uncertai nty, and showi ng due regard for the roles of Congress and the States under the Consti tution. > > To meet the objecti ves of the executi ve order, federal agenci es are fol1owi ng a two-step process that will provi de as much certai nty as possi bl e, as qui ckly as possi bl e, to the regulated communi ty and the public during the development of the replacement rule. >
> The first step is to revi se the Code of Federal Regulati ons to re-codi fy the defi ni ti on of "Waters of
the United States" whi ch currently governs admi ni strati on of the Clean Water A c t , in light of a deci si on
by the U.S. Court of Appeals for the Si xth Circuit stayi ng a defi ni ti on of "Waters of the Uni ted States" promulgated by the agencies in 2015. This action will simply make the text of the Code of Federal Regulati ons reflect the defi ni ti on currently in effect under the Si xth Circuit stay. Thi s acti o n , when final, will not change current practi ce with respect to the how the defi ni ti on appli e s , whi ch is consi stent with Supreme Court deci si o n s , agency gui dance documents, and 1ongstandi ng practi c e . > > The second step will be a public noti ce-and-comment rulemaki ng involvi ng a substantive reevaluati on and
revi si on of the defi ni ti on of "Waters of the U.S." in accordance with the executive o r d e r . The letter sent to governors today is seeking input on the second step of the process. > ### > > <WOTUS- Branstad.pdf>
Sierra Club v. EPA 18cv3472 NDCA
Tier 3/4
ED 002061 00068483-00002