The Environmental Protection Agency (EPA) on Thursday announced final plans to redefine and thus shrink the waterways that must be protected under the law, a move likely to be swiftly challenged legally by environmentalists.

The final plans to repeal the 2015 Obama-era Waters of the United States (WOTUS) rule would stymie the federal government’s capacity to regulate pollutants in wetlands and tributaries that feed into large rivers.

ADVERTISEMENT

EPA Administrator Andrew Wheeler Andrew WheelerOvernight Energy: Trump officials finalize plan to open up protected areas of Tongass to logging | Feds say offshore testing for oil can proceed despite drilling moratorium | Dems question EPA's postponement of inequality training Democrats question EPA postponement of environmental inequality training OVERNIGHT ENERGY: California seeks to sell only electric cars by 2035 | EPA threatens to close New York City office after Trump threats to 'anarchist' cities | House energy package sparks criticism from left and right MORE told a crowd Thursday afternoon that the plans will entirely scrap the prior definition of the rule, relegating waterway protections back to 1986 standards.

"Thanks to the leadership of the EPA we can move forward with a water rule that protects clean water, is within the bounds of the law and doesn’t pose a threat to manufacturing in America, Wheeler said.

"We have to have regulatory certainty, clean, fair smart regulations of environmental law."

EPA made the announcement at the National Association of Manufacturers' Washington, D.C. headquarters. The trade group has fervently lobbied for WOTUS's repeal. The gathered crowd included Reps. Bruce Westerman Bruce Eugene WestermanCOVID-19 complicates California's record-setting wildfire season Cheap, at-home coronavirus tests exist — why aren't we using them? US officially joins global trillion tree planting initiative MORE (R-AR.) and Sam Graves Samuel (Sam) Bruce GravesAirline CEOs, union leaders implore Congress and the administration to avoid Oct. 1 furloughs Missouri Rep. Sam Graves wins GOP primary OVERNIGHT ENERGY: House approves .5T green infrastructure plan | Rubio looks to defense bill to block offshore drilling, but some fear it creates a loophole | DC-area lawmakers push for analysis before federal agencies can be relocated MORE (R-MO) as well as top executives at Dominion Energy, The American Farm Bureau Association and the National Association of Home Builders, many of which gave statements at the event.

The Administrator said the repeal was the first step in a process of ultimately replacing the WOTUS definition. The agency will announce those new guidelines for which water bodies should remain federally protected by the end of the year.

"In the proposal we are clearly defining the difference between federally regulated waterways and those of state authority," said Wheeler.

"Together, our proposed definition and existing state programs will provide a strong network of coverage with our nations water resources."

The Obama rule was initially intended to clarify that small waterways like ponds and headwaters can be protected by the EPA. But agriculture, developers and other industries complained that it was too far-reaching and would subject huge swaths of land to federal oversight.

Environmentalists say the rule is essential because small waterways eventually flow into larger ones. They say the rule is also necessary to protect drinking water sources from contamination.

President Trump Donald John TrumpFederal prosecutor speaks out, says Barr 'has brought shame' on Justice Dept. Former Pence aide: White House staffers discussed Trump refusing to leave office Progressive group buys domain name of Trump's No. 1 Supreme Court pick MORE made promises to dismantle the rule upon first coming into office. A February 2017 executive order directed the EPA to begin actions toward “the elimination of this very destructive and horrible rule.”

The EPA under former Administrator Scott Pruitt Edward (Scott) Scott PruittJuan Williams: Swamp creature at the White House Science protections must be enforceable Conspicuous by their absence from the Republican Convention MORE first showed signs of dismantling WOTUS when Pruitt suspended the rule from implementation for two years in early 2018, promising to rewrite it to “reduce confusion and provide certainty to America's farmers and ranchers.”

The EPA first announced plans to repeal WOTUS last winter.

Wheeler pointed to Trump's focus on WOTUS for movement on the rule's repeal, saying the president "immediately set in motion a process to improve and replace regulatory burdens."

"Obama's WOTUS definition was at the top of the list," Wheeler said.

Wheeler also championed a report he said found that EPA was the top agency to comply with Trump's two for one executive order--which mandated that for every one regulation made, two must be repealed.

In August a pair of Republican Senators introduced legislation to put the onus on Congress instead of the EPA to define which waters should be regulated under the law. The bill proposed by Sens. Joni Ernst Joni Kay ErnstOn The Trail: Making sense of this week's polling tsunami Tillis appears to reinforce question about COVID-19 death toll The power of incumbency: How Trump is using the Oval Office to win reelection MORE (R-Iowa) and Mike Braun Michael BraunTrump plans to pick Amy Coney Barrett to replace Ginsburg on court Trump dumbfounds GOP with latest unforced error Pessimism grows as hopes fade for coronavirus deal MORE (R-Ind.) would dramatically scale back federal jurisdiction over water.

“As a member of the Ag community, President Trump and EPA Administrator Andrew Wheeler are keeping their promise to repealing the Waters of the United States (WOTUS) rule that gave unelected bureaucrats the power to regulate lakes, streams, ponds and ditches,” Braun said in a statement Thursday.

Court rulings in 28 states have kept WOTUS from being fully implemented across the U.S.

Environmental groups are already threatening to sue over the repeal.

"EPA is misleading the public by claiming that this regulation simply repeals the 2015 Clean Water Rule,” said Kelly Foster, a senior attorney for the Waterkeeper Alliance, in a statement.

“The truth is that this is an illegal attempt to reinterpret the prior longstanding regulatory definition to eliminate anti-pollution requirements for rivers, streams, wetlands and other waters that have been in place since the 1970s.”

Brett Hartl, government affairs director at the Center for Biological Diversity, said the group plans to fight the rollback.

"This administration has shown nothing but disdain for America’s natural heritage and the wildlife we cherish,” said Hartl in a statement.

“We’ll fight this illegal rollback and every aspect of Trump’s incredibly harmful anti-environmental agenda.”

Updated 2:40 p.m.