Washington State Attorney General Bob Ferguson talks with The Chronicle's Editorial Board in March 2015.
Washington state Attorney General Bob Ferguson filed a lawsuit Tuesday to block an attempt by the Environmental Protection Agency to suspend a 2015 rule that defines what bodies of water qualify for Federal Clean Water Act regulation.
The agency is seeking to suspend the rule while the Trump Administration attempts to repeal it. This is Ferguson’s 21st legal challenge against the Trump Administration since January 2017, according to the AG’s Office.
“I won’t allow the Trump Administration to continue to ignore the law to try to undermine important environmental rules simply because it doesn’t like them,” Ferguson said. “This thoroughly vetted rule adds much-needed clarity to the laws that protect our waterways. If the Administration wants to change it, it must follow the law.”
The “waters of the United States” rule provides clarity about which bodies of water qualify for protection under the Clean Water Act. Before the rule was enacted, state and federal rules regulated runoff from upstream bodies.
“This made pollution difficult to control,” according to a release from the AG’s Office.
The suit is filed with nine other states and the District of Columbia. It accuses the EPA of violating the Administrative Procedure Act and the Clean Water Act by suspending the rule after its effective date had passed without providing an opportunity for meaningful public input.
“This Administration’s continual efforts to unilaterally roll back crucial protections for our nation’s beautiful spaces and the health and safety of all Americans will not go unchecked,” Gov. Jay Inslee said in a statement. “The people of Washington state have deep ties to our waterways. Our rivers, streams, lakes and coast are embedded in our culture, our economy and our quality of life. This is a legacy worth protecting and we will pursue every available option to do so.”
The Clean Water Rule in the Clean Water Act dates to 2015. The EPA suspended the rule Tuesday.
“Ferguson has not lost a case brought against the Trump Administration,” according to a press release from the AG’s Office. “The Attorney General’s Office prevailed in five cases against the Trump Administration where there are no more appeals. Ferguson also successfully blocked the Administration’s ban on transgender individuals serving in the military.”
