Southern California's Water Woes: Business vs. Environment

EPA Redefines "Waters of the United States"

Southern California's waterways might soon see less protection. The EPA is redefining what counts as "waters of the United States" under the Clean Water Act. This change could mean more pollution in the region's flood control channels, which might no longer be seen as protected waters.

Economic Growth vs. Environmental Protection

The EPA's new rules focus on economic growth. They aim to speed up development while still protecting water resources. However, critics argue that this shift in focus could lead to dirtier rivers, creeks, and oceans. The original Clean Water Act didn't mention economic prosperity; it focused on environmental and human health.

Stakeholder Reactions

• Business Groups: Happy with the EPA's new direction, seeing it as bringing clarity to regulations.
• Environmentalists: Worried about less protection for nature.
• Teachers and Activists: Concerned about the potential harm to the environment.

Supreme Court Influence

The EPA's new rules are based on a Supreme Court decision. The court stated that federal anti-pollution rules only apply to waters with a "continuous surface connection" to other protected waters. This has raised questions about streams, wetlands, and paved channels.

Two-Part Test for Protection

The EPA plans to use a two-part test to decide which waters are protected:

1. Touching Protected Waters: Check if the water in question touches another protected body of water.
2. Surface Water During Wet Season: See if the water has surface water during the wet season.

This could mean less protection for many wetlands and streams.

Impact on Southern California

In Southern California, this could lead to more pollution in flood control channels. These channels often flow into the ocean. It's unclear if the new rules will force agencies to clean up these waterways. If not, pollution could flow more freely.

California's Own Protections

California has its own water protection laws. The Porter-Cologne Act is more stringent than the Clean Water Act. So even if the EPA changes its rules, California might still protect its waters. However, critics say the new rules will still cause confusion and uncertainty.

Legal Challenges Ahead

Many groups are planning to challenge the new rules in court. They believe the EPA's proposals are unclear and could lead to more pollution. Lawyers say there will be more litigation over these changes and expect future administrations to keep changing the rules.

Uncertain Future

In the end, the future of Southern California's waters is uncertain. The EPA's new rules could lead to more development but also more pollution. It's a trade-off that will likely be debated for years to come.