The U.S. EPA announced on February 6 plans to hold public hearings in Kansas City on February 27 and 28 to discuss the Trump administration’s attempt to clarify which waters and wetlands receive protections under the Clean Water Act (“CWA”). The water rule proposal is an attempt to rewrite the Obama administration’s Clean Water Rule which the Trump administration believes is overreaching in scope. The proposed rule (RIN:2040-AF75), still protects rivers and lakes, but not isolated ponds and wetlands. Protection of intermittent streams, would be based on a complicated formula and based on average flow in a typical year.
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