Alaska Miner Journal, November 2021

Rule Could Significantly Impact Management of Private, Public Property

to downstream waters. For Alaska — with by far America’s largest coastline and wetlands inventory, along with plentiful rivers, streams, and rivulets — this redefining of U.S. waters would have resulted in vast swaths of state-regulated lands falling under the federal Clean Water Act and the regulatory agencies that administer it. This 2015 definition, however, was never fully implemented due to federal courts blocking it until a lawsuit brought by nearly 90 parties, including 32 states, was resolved. Almost immediately after taking office, former President Trump signed an order to undo his predecessor’s WOTUS rule. Upon signing the executive order to roll back WOTUS, Trump called the rule a “massive power grab” by the EPA. Trump’s order culminated in the Navigable Waters Protection Rule, which included a more traditional definition of waters of the U.S. — seas, lakes, rivers, ponds and wetlands. Now, the Biden Administration has instructed the U.S. Environmental Agency and Army Corps of Engineers to again broaden the definition of WOTUS “to better protect

our nation’s vital water resources.” “We are committed to establishing a durable definition of ‘waters of the United States’ based on Supreme Court precedent and drawing from the lessons learned from the current and previous regulations, as well as input from a wide array of stakeholders, so we can better protect our nation’s waters, foster economic growth, and support thriving communities,” said EPA Administrator Michael Regan. “Make no mistake, the ability of Alaskans to harvest timber, develop oil and gas, mine the critical minerals needed for national security, and the ability to farm and hunt are in danger with this announcement,” the Alaska governor wrote in June. “It would be less insulting to the state of Alaska if the Biden EPA came out transparently with its intent to turn our land into a national park under the management of rangers.” Alaska has joined 20 other states in asking U.S. Supreme Court justices to reject the Arizona district court’s ruling in the Sackett v. EPA case that once again expands EPA authority to any waters that have a significant nexus to navigable waters currently regulated under the Clean Water Act.

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www.alaskaminers.org I The Alaska Miner I November 2021

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