Court Order Ends Clinton-Era Water Rule

A recent order by a Washington, D.C., court officially ends the litigation challenging the July 2000 Clinton Administration Total Maximum Daily Load  rule. Under the Clean Water Act, the Total Maximum Daily Load program provides a process for determining pollution budgets for the nation’s waters.

In March of this year, the EPA announced its intention to withdraw the rule, which was deemed “unworkable,” based on thousands of comments and challenged in court by over two dozen parties, including NCBA. Ultimately, Congress passed a law prohibiting EPA from implementing the July 2000 rule, and the National Academy of Sciences issued a report with recommendations for improving the program.

As a result of this court order, landowners are now essentially left with the EPA regulations put in place prior to the Clinton rule. NCBA is now working with the Administration to develop new rules that clarify the respective roles of EPA and the states — especially with respect to nonpoint source pollution — under the Total Maximum Daily Load program and other Clean Water Act programs.