Victory for Clean Water: Court Reinstates Obama WOTUS Rule for 26 States

A federal judge invalidated the Trump administration's suspension of the Clean Water Rule, effectively reinstating the Obama-era regulation in 26 states.
The 2015 rule, also known as Waters of the United States (WOTUS) defines which waters can be protected from pollution and destruction under the Clean Water Act. It protects large water bodies such as lakes and rivers, as well as small streams and wetlands.
But last year, President Trump declared WOTUS "a horrible, horrible rule" and tasked then-U.S. Environmental Protection Agency (EPA) head Scott Pruitt to replace it. In February, Pruitt issued a "Suspension Rule" that delayed WOTUS until 2020 in order to craft a looser and more industry-friendly rule.
On Thursday, South Carolina District Judge David Norton sided with a coalition of conservation groups that challenged the delay, and placed a nationwide injunction on Pruitt's suspension rule. The decision does not apply to 24 other states where legal challenges are pending.
Norton said that the EPA violated rule-making procedures, specifically by failing to provide an adequate public notice and comment period required by the Administrative Procedure Act (APA).
"As administrations change, so do regulatory priorities. But the requirements of the APA remain the same. The court finds that the government failed to comply with these requirements in implementing the Suspension Rule," Norton wrote.
The court also cited the affidavit of Bob Irvin, president and CEO of American Rivers, which described the many different states where he has fished that would be affected by the suspension of the Clean Water Rule.
Irvin hailed the judgment as a "tremendous win."
"The court made clear that the Trump administration cannot ignore the law, science, or the views of the American people in its rush to undermine protection of rivers and clean water," Irvin said in a statement.
The Southern Environmental Law Center (SELC), which represented the conservation groups, celebrated the decision.
"This is a victory for families and communities across America who depend on clean water, and a rebuke to the polluting industries trying to gut this nation's bedrock health and environmental safeguards," said Geoff Gisler, senior attorney at SELC, in a statement. "Water is a way of life in the South, where clean water is the lifeblood of our economy. We are thrilled the court rejected this administration's blatant attempts to undermine safeguards that are critical to our nation's welfare without being accountable to the American people."
Trump Administration Sued for Suspension of Clean Water Rule https://t.co/65gwNGTOFE #CleanWaterRule @Earthjustice… https://t.co/5Q4LBjAMSL— EcoWatch (@EcoWatch)1518026901.0
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From Greta Thunberg to Sir David Attenborough, the headline-grabbing climate change activists and environmentalists of today are predominantly white. But like many areas of society, those whose voices are heard most often are not necessarily representative of the whole.
1. Wangari Maathai
<p>In 2004, Professor Maathai made history as the <a href="https://www.nobelpeaceprize.org/Prize-winners/Prizewinner-documentation/Wangari-Maathai" target="_blank" rel="noopener noreferrer">first African woman to be awarded the Nobel Peace Prize</a> for her dedication to sustainable development, democracy and peace. She started the <a href="http://www.greenbeltmovement.org/" target="_blank" rel="noopener noreferrer">Green Belt Movement</a>, a community-based tree planting initiative that aims to reduce poverty and encourage conservation, in 1977. More than 51 million trees have been planted helping build climate resilience and empower communities, especially women and girls. Her environmental work is celebrated every year on <a href="http://www.greenbeltmovement.org/node/955" target="_blank" rel="noopener noreferrer">Wangari Maathai Day on 3 March</a>.</p>2. Robert Bullard
<p>Known as the 'father of environmental justice,' Dr Bullard has <a href="https://www.unep.org/championsofearth/laureates/2020/robert-bullard" target="_blank">campaigned against harmful waste</a> being dumped in predominantly Black neighborhoods in the southern states of the U.S. since the 1970s. His first book, Dumping in Dixie, highlighted the link between systemic racism and environmental oppression, showing how the descendants of slaves were exposed to higher-than-average levels of pollutants. In 1994, his work led to the signing of the <a href="https://www.nrdc.org/experts/albert-huang/20th-anniversary-president-clintons-executive-order-12898-environmental-justice" target="_blank">Executive Order on Environmental Justice</a>, which the <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/" target="_blank">Biden administration is building on</a>.<br></p><span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="7983f54726debdd824f97f9ad3bdbb87"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/T_VjSGk8s18?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Pollution has a race problem. Elizabethwarren.com
3. John Francis
<p>Helping the clean-up operation after an oil spill in San Francisco Bay in January 1971 inspired Francis to <a href="https://planetwalk.org/about-john/" target="_blank" rel="noopener noreferrer">stop taking motorized transport</a>. Instead, for 22 years, he walked everywhere. He also took a vow of silence that lasted 17 years, so he could listen to others. He has walked the width of the U.S. and sailed and walked through South America, earning the nickname "Planetwalker," and raising awareness of how interconnected people are with the environment.</p><span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="09b968e0e9964e31406954dcea45981d"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/vgQjL23_FoU?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
4. Dr. Warren Washington
<p>A meteorology and climate pioneer, Dr. Washington was one of the first people to develop atmospheric computer models in the 1960s, which have helped scientists understand climate change. These models now also incorporate the oceans and sea ice, surface water and vegetation. In 2007, the <a href="https://www.cgd.ucar.edu/pcm/" target="_blank" rel="noopener noreferrer">Parallel Climate Model (PCM)</a> and <a href="https://www.cesm.ucar.edu/" target="_blank" rel="noopener noreferrer">Community Earth System Model (CESM)</a>, earned Dr. Washington and his colleagues the <a href="https://www.nobelprize.org/prizes/peace/2007/summary/" target="_blank" rel="noopener noreferrer">Nobel Peace Prize</a>, as part of the <a href="https://www.ipcc.ch/" target="_blank" rel="noopener noreferrer">Intergovernmental Panel on Climate Change</a>.</p><span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="09fbf6dc37f275f438a0d53ec0fe1874"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/bvJ4jTy2mTk?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
5. Angelou Ezeilo
<p>Huge trees and hikes to pick berries during her childhood in upstate New York inspired Ezeilo to become an environmentalist and set up the <a href="https://gyfoundation.org/staff/Angelou-Ezeilo" target="_blank" rel="noopener noreferrer">Greening Youth Foundation</a>, to educate future generations about the importance of preservation. Through its schools program and Youth Conservation Corps, the social enterprise provides access to nature to disadvantaged children and young people in the U.S. and West Africa. In 2019, Ezeilo published her book <em>Engage, Connect, Protect: Empowering Diverse Youth as Environmental Leaders</em>, co-written by her Pulitzer Prize-winning brother Nick Chiles.</p><span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="ce4547d4e5c0b9ad2927f19fd75bf4ab"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/YojKMfUvJMs?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
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