Actions are ongoing in the Trump Administration and Congress to repeal the 2015 Clean Water Rule (also known as WOTUS) and replace it with a version that provides clarity and regulatory certainty for golf course superintendents and others who want to protect America’s waters and wetlands while contributing to the economy and providing jobs.

Most recently, the Trump Administration announced a supplemental notice of proposed rulemaking regarding the repeal of WOTUS. This is intended to clarify the legal underpinnings for repeal, to ensure there is a clear record in the very likely event this is litigated in court. WOTUS has already been temporarily stayed by the Trump Administration until Feb. 6, 2020, and the proposed rulemaking would make repeal permanent. GCSAA supports the efforts to repeal WOTUS and will be submitting comments as part of this rulemaking both separately and as part of the Waters Advocacy Coalition.

Once repeal of WOTUS is final, the next step is going to be re-writing it.  As previously reported, President Trump issued an executive order in 2017 that narrowed the scope of navigable waters in any future rulemaking to those waters Justice Antonin Scalia referenced in the Supreme Court case of Rapanos v. United States, i.e. waters with a permanent flow or with a surface water connection to waters with a permanent flow.  Now the question is how to define this. The Administration is deciding that question right now and as the WOTUS replacement rule goes through interagency review, GCSAA’s government affairs team is working hard to make golf’s voice is heard. 

Separately, Congress continues to pass legislation that would repeal WOTUS permanently. WOTUS repeal language can be found in the Fiscal Year 2019 Energy and Water (H.R. 5895) and Interior and Environment (H.R. 6147) Appropriations bills passed by the House of Representatives. It can also be found in the version of the “Farm Bill” that recently passed the House (H.R. 2, the “Agriculture Improvement Act of 2018”). The possibility remains that any of this language could make it to the President’s desk for his expected signature. GCSAA will continue to monitor all developments and provide updates as needed.

GCSAA continues to advocate before decision-makers in Washington as they work to replace the 2015 Clean Water Rule.