Jessica Kramer on Clean Water Act Guidance and Cooperative Federalism

Clean Water Act Guidance Post-Sackett

• 💡 Jessica Kramer explains that the new EPA guidance for Waters of the United States (WOTUS) aims to follow the law as interpreted by the Supreme Court in the Sackett decision.
• 🎯 The guidance clarifies that only wetlands adjacent to or abutting relatively permanent waters are considered jurisdictional, replacing the previous significant nexus test.
• ⚠️ Kramer acknowledges remaining ambiguities in terms like "continuous surface connection" and "relatively permanent waters," for which the agency is opening a public comment docket.

Addressing Ambiguity in WOTUS

• 🧩 A federal register notice has been opened to gather public comments on ambiguous terms within the WOTUS rule.
• 🛠️ The goal of this process is to potentially refine the rule and provide landowners with clarity on whether their property contains WOTUS.
• 🗣️ Kramer commits to visiting North Dakota to engage with landowners familiar with previous rule challenges.

Cooperative Federalism Explained

• 🤝 Senator Cramer asks for a primer on cooperative federalism, which Kramer and General Nes address.
• ⚖️ Cooperative federalism, as explained by Kramer, involves clearly defined roles for federal and state governments, emphasizing collaboration and mutual respect for sovereign areas.
• 🏞️ General Nes highlights that while states manage most wildlife, federal roles exist for listed species and migratory birds, with opportunities for joint solutions and stakeholder engagement.

State Implementation of Federal Programs

• 💧 In the context of water programs, Kramer uses the underground injection control (UIC) well program under the Safe Drinking Water Act as an example of cooperative federalism.
• 📈 This program can be delegated to states, allowing them to implement and oversee it, leveraging their superior knowledge of local resources.
• 🌟 States can also implement more stringent restrictions than federal requirements if they deem it necessary for additional protection, while EPA maintains an oversight role.