Thumbnail Image
Item

Advocating for Science: Amici Curiae Brief of Wetland and Water Scientists in Support of the Clean Water Rule

Gardner, RC
; 
Okuno, E
; 
al, et
; 
Perry, JE
; 
al, et
Abstract
The Trump administration has proposed replacing the Clean Water Rule, a 2015 regulation that defined the statutory term Bwaters of the United States^ to clarify the geographic jurisdiction of the Clean Water Act. Since its promulgation, the Clean Water Rule has been subjected to numerous judicial challenges. We submitted an amici curiae brief to the United States Court of Appeals for the Sixth Circuit, explaining why the Clean Water Rule, and its definition of Bwaters of the United States,^ is scientifically sound. The definition of Bwaters of the United States^ is a legal determination informed by science. The best available science supports the Clean Water Rule’s categorical treatment of tributaries because compelling scientific evidence demonstrates that tributaries significantly affect the chemical, physical, and biological integrity of traditional navigable waters (primary waters). Similarly, the best available science supports the Clean Water Rule’s categorical treatment of adjacent waters based on geographic proximity. Compelling scientific evidence demonstrates that waters within 100 ft of an ordinary high water mark (OHWM) significantly affect the chemical, physical, and biological integrity of primary waters, as do waters within 100-year floodplains and waters within 1500 ft of high tide lines of tidally influenced primary waters or OHWMs of the Great Lakes. This review article is adapted from that amici brief.
Description
Date
2019-06-01
Journal Title
Journal ISSN
Volume Title
Publisher
Collections
Publications, Presentations, & Events
Show all metadata
Download Dataset
Files
Thumbnail Image
Gardner2019_Perry_Article_AdvocatingForScienceAmiciCuria.pdf
Adobe PDF, 439.48 KB
Rights Holder
Usage License
Embargo
Research Projects
Organizational Units
Journal Issue
Keywords
Biological Sciences Peer-Reviewed Articles, Clean Water Act; Waters of the United States; Wetlands; Navigable waters; Significant nexus; Regulation
Citation
Advisor
Department
Virginia Institute of Marine Science
DOI
https://doi.org/10.1007/s13157-019-01160-z
URI
https://scholarworks.wm.edu/handle/internal/17620
Embedded videos