Indianz.Com > News > Cronkite News: Tribal nations win court ruling for clean water rule
Court rejects Trump clean water rule with ‘significant’ Arizona impact
Thursday, September 2, 2021
Cronkite News
WASHINGTON – Environmental groups welcomed a federal judge’s decision this week to overturn Trump-era clean-water regulations that were so narrow that many waterways in Arizona ended up being excluded from federal oversight.
The Monday ruling by U.S. District Judge Rosemary Marquez said the 2020 Navigable Waters Protection Rule has “been particularly significant in arid states” like Arizona and New Mexico, and that it must be reversed while federal regulators devise new standards.
“States like Arizona were significantly affected, where so many water bodies were cut out of the Clean Water Act” under the Trump regulations, said Janette Brimmer, a senior attorney for Earthjustice. It represented six Native American tribes, including the Pascua Yaqui and Tohono O’odham in Arizona, that had sued to overturn the rule.
Ruling in Pascua Yaqui Tribe v. EPA – [PDF]
But farming, building and mining interests said they were disappointed in the ruling, which removes regulations that clearly defined which bodies of water are subject to federal oversight and which are not.
“We go back to nobody knows what is regulated, what the regulations are, how they will be implemented,” said Bas Aja, vice president of the Arizona Cattle Feeders’ Association. “That uncertainty certainly is not how you conduct a water protection program.”
Uncertainty is what led the Obama administration to issue a new definition of “waters of the United States” (WOTUS) under the Clean Water Act, which regulators had interpreted for decades to include everything from rivers to wetlands. The new WOTUS rule in 2015 specified that wetlands, downstream waters and “ephemeral waters” – streams that may only flow part of the year and be dry at other times.
“A particular issue we had in Arizona, New Mexico and parts of the Southwest is that we have a lot of ephemeral streams, where we know water will run if there is a big rainstorm, but they don’t run all year round,” said Sarah Porter, director of the Kyl Center for Water Policy at Arizona State University.
“There’s been a lot of discussions, conflicts, confusion over how the Clean Water Act should apply to ephemeral streams,” she said.

Note: This story originally appeared on Cronkite News. It is published via a Creative Commons license. Cronkite News is produced by the Walter Cronkite School of Journalism and Mass Communication at Arizona State University.
Search
Filed Under
Tags
More Headlines
Cronkite News: Trump gives new life to aging coal-fired power plants
Native America Calling: Tribes in the arid southwest face water management uncertainty
NAFOA: 5 Things You Need to Know this Week (April 21, 2025)
Chuck Hoskin: Cherokee Nation makes progress for clean water
Native America Calling: Tribes resist fast-tracked Line 5 oil pipeline
Native America Calling: Celebrating Native poetry
Secretary Burgum observes ancestral Native footprints in New Mexico
Cronkite News: Native collective fosters creativity among youth
Arizona Mirror: Alert system in the works for missing endangered relatives
Native America Calling: Tribes challenge states on remaining roadblocks to gaming
New Mexico In Depth: ‘Turquoise Alert’ system established for missing relatives
Montana Free Press: Indigenous Peoples Day closer to reality in Montana
Cronkite News: Navajo Nation forced to accept transportation of uranium through reservation
Native America Calling: Is it the end of civil rights complaints in schools?
Cronkite News: President Trump targets Smithsonian in another anti-DEI effort
More Headlines
Native America Calling: Tribes in the arid southwest face water management uncertainty
NAFOA: 5 Things You Need to Know this Week (April 21, 2025)
Chuck Hoskin: Cherokee Nation makes progress for clean water
Native America Calling: Tribes resist fast-tracked Line 5 oil pipeline
Native America Calling: Celebrating Native poetry
Secretary Burgum observes ancestral Native footprints in New Mexico
Cronkite News: Native collective fosters creativity among youth
Arizona Mirror: Alert system in the works for missing endangered relatives
Native America Calling: Tribes challenge states on remaining roadblocks to gaming
New Mexico In Depth: ‘Turquoise Alert’ system established for missing relatives
Montana Free Press: Indigenous Peoples Day closer to reality in Montana
Cronkite News: Navajo Nation forced to accept transportation of uranium through reservation
Native America Calling: Is it the end of civil rights complaints in schools?
Cronkite News: President Trump targets Smithsonian in another anti-DEI effort
More Headlines