The U.S. Environmental Protect Agency has rolled back its rules governing wetland protection, with the changes leaving both environmental groups and construction associations dissatisfied.
The changes could still leave in play the regulation of “roadside ditches,” says the American Road & Transportation Builders Association.
ARTBA had cheered a decision by the U.S. Supreme Court in May that cut back federal regulatory authority of wetlands, particularly ditches, small wetlands and other minor waterways that don’t continuously connect to larger waterbodies.
But after the EPA released its new rule August 29 to comply with the court’s decision, ARTBA and other construction trade groups cried foul.
“After eight years of litigation, five contradictory regulatory actions spanning three administrations, hundreds of thousands of public comments, and one Supreme Court decision, EPA’s rule spurns the opportunity to deliver a lasting solution to protect the nation’s wetlands and brazenly hands this responsibility back to the courts,” said ARTBA President and CEO David Bauer. “We are back to Square One.”
The Associated Builders and Contractors said the EPA did not “fully implement” the court’s ruling.
“Instead, this rule, issued without meaningful opportunities for input from the construction industry and other stakeholders, will contribute to continued regulatory uncertainty and unnecessary delays for critical infrastructure projects across the nation.”
