On September 27, 2017, NAR submitted comments as part of the Waters Advocacy Coalition, which represents organizations in the construction, real estate, mining, manufacturing and energy industries.
The comments support the EPA's and Army Corps of Engineers' proposed repeal of the 2015 Clean Water Rule and recodification of pre-existing Rules. The letter reiterated WAC members' concerns that the Clean Water Rule (1) failed to preserve the States’ traditional and primary authority over land and water use; (2) ignored the limits set by Congress and recognized by the Supreme Court; and (3) were confusing, arbitrary and deleted current scientific data.
This proposal constitutes the first part of a two-step process to meet the Feb. 28 executive order directing the rule's review. The second step will be a separate notice and comment rulemaking that will consider developing a new definition for the extent of federal jurisdiction under the CWA.
The Clean Water Rule was stayed by the 6th Circuit Appeals Court in October 2015 and was never fully implemented.