Parag Chokshi, 202/513-6254 or Elizabeth Heyd, 202/289-2424
- The "guidance" will not instruct field staff to fully protect the nation's surface water resources, instead indicating that many valuable waters will not be protected because of agency interpretations of the Supreme Court rulings. This underscores the need for federal legislation – the Clean Water Restoration Act – to ensure that all waters of the United States are protected.
- The "guidance" will effectively eliminate protections for some streams, even though the Supreme Court has not struck down existing agency regulations that protect tributaries.
- The "guidance" will leave important questions unanswered about whether and when waters can be protected, relying largely on case-by-case determinations, virtually guaranteeing further litigation, administrative delays, and confusion amongst regulated industries and the public.
- The "guidance" is divorced from the real world -- that is, there is little or no analysis of what water resources will be lost as a consequence of its implementation, and what the resulting effect on water quality around the country will be.