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Environmental & Energy,
Administrative/Regulatory

Jan. 14, 2019

Proposed WOTUS rule cannot simply ignore past findings

The Trump administration, at the direction of the president, has charted a new course on federal water pollution law.

John H. Minan

Emeritus Professor of Law
University of San Diego School of Law

Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.

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Proposed WOTUS rule cannot simply ignore past findings
President Donald Trump gestures during a cabinet meeting at the White House, Jan. 2. The Trump administration, at the direction of the president, has charted a new course on federal water pollution law. (New York Times News Service)

The federal Clean Water Act is the principal law regulating pollution in the nation's surface waters. The Trump administration, at the direction of the president, has charted a new course on federal water pollution law. Administrative rulemaking is currently underway that will reduce federal jurisdiction over surface waters, and thus shift more responsibility to the states.

As with most environmental laws, the CWA is based on the com...

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