Source: POLITICO'S MORNING AGRICULTURE, 5/10/21

The Biden administration is facing renewed pressure from environmental groups to increase protections America’s wetlands, streams and other waterways by reviving the so-called WOTUS rule, which was criticized as federal overreach and economically harmful to agriculture and industry.

At issue is the rewrite of the Waters of the U.S. rule under former President Donald Trump that drastically reduced the scope of waters protected by the federal government under the Obama-era interpretations of the Clean Waters Act. The Trump EPA move angered greens, and President Joe Biden’s EPA is vowing to take up the water rules with an eye to strengthen environmental protections. EPA is undergoing a review process to determine the best course of action.

EPA Administrator Michael Regan said a new plan would reverse course from the Trump era, but also wouldn’t be a verbatim reimplementation of Obama administration. Neither of those options, Regan told lawmakers, reflects “the will of the people.”

Agricultural groups broadly backed Regan's nomination because of his history of engaging with the industry while serving as North Carolina's top environmental regulator, and are reserving judgment. Key opponents of the WOTUS rule say they are hopeful about his promises to reach out to them, although they, too, are trying to figure out how much the administration is willing to invest in tackling the politically combustible issue.

But environmentalists are pushing courts to unfreeze their lawsuits against the Trump-era rule, which the Biden administration requested to hold as it conducts its review. It’s a political minefield, with conflicting interests between greens and the agriculture, construction and mining industries. And none of Biden’s EPA appointees or nominees so far have had significant experience in the battle.