Lion's office will be closed on Monday, September 1, in observance of Labor Day. For help with online training, please contact support@lion.com.
Search

POTUS Orders Review of WOTUS Rule

Posted on 3/1/2017 by Roger Marks

In yesterday’s edition of Lion News, we discussed two EPA regulations that may face legal challenges in 2017. Hours later, the President took action on one of those rules, signing an executive order to require the new Administrator of the EPA to review the Final Rule “Definition of Waters of the United States,” or “WOTUS Rule.”

Read the full Executive Order here.

Waters of the United StatesIn addition to requiring a review of the WOTUS Final Rule, which is already the subject of a court battle, Section 3 of the Executive Order requires EPA to interpret the term “navigable waters” in a manner consistent with the opinion of Antonin Scalia in Rapanos v. United States.
In his opinion on Rapanos v. United States, Justice Scalia referenced a Supreme Court case from 1870, The Daniel Ball, in which the court interpreted “navigable waters” to mean those waters that are “navigable in fact, or susceptible to being rendered so.” 

When it created the WOTUS Rule, EPA based its interpretation of “navigable waters” on Justice Kennedy’s concurring statement in the Rapanos case, which provides for a more broad interpretation than Scalia’s opinion on the case.

For more information on major Supreme Court cases that informed EPA’s interpretation of “navigable waters” and the “Waters of the United States,” read:

EPA Jurisdiction—Sackett v. EPA
Post-Rapanos Guidance from EPA and Army Corps of Engineers
 

New Clean Water Act Training - Online 24/7

New for 2017! The Clean Water Act and Safe Drinking Water Act Regulations Online Course i will help you build a full understanding of the EPA’s major water regulations and how they affect your operations.

Major topics covered in the new online course include:
  • NPDES permit and control requirements  
  • SPCC plan basics and EPA reporting obligations
  • US EPA pretreatment standards
  • EPA’s Underground Injection Control (UIC) program
  • Water quality standards for public systems and MCLs
More courses for EHS Managers:
Clean Air Act Regulations Online
TSCA Regulations Online
Clean Water Act & SDWA Regulations Online
New! Superfund and Right-to-Know Act Regulations Online 

Tags: Act, Clean, EPA, new rules, Water

Find a Post

Compliance Archives

Lion - Quotes

I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for.

Frank Sizemore

Director of Regulatory Affairs

My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow.

Steven Erlandson

Environmental Coordinator

Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right.

Gregory Thompson

Environmental, Health & Safety Regional Manager

The instructor was very patient and engaging - willing to answer and help explain subject matter.

Misty Filipp

Material Control Superintendent

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!

Curtis Ahonen

EHS&S Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat.

Genell Drake

Outbound Lead

Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything.

Ellen Pelton

Chemical Laboratory Manager

Lion's information is very thorough and accurate. Presenter was very good.

Melissa Little

Regulatory Manager

Download Our Latest Whitepaper

Hazardous materials shipment rejections bear a big cost. Use this guide to end operational and logistical disruptions that severely impact your bottom line.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.