Aggregates Manager Digital Magazine
Issue link: http://read.dmtmag.com/i/803901
AGGREGATES MANAGER / April 2017 3 April 2017 Vol. 22, No.4 aggman.com /AggregatesManager /AggManEditor Editorial Editor-in-Chief: Therese Dunphy Editorial Director: Marcia Gruver Doyle Online Editor: Wayne Grayson Online Editor: Kerry Clines editorial@aggman.com Design & Production Art Director: Sandy Turner, Jr. Production Designer: Timothy Smith Advertising Production Manager: Linda Hapner production@aggman.com Construction Media Vice President, Construction Media: Joe Donald sales@randallreillyconstruction.com 3200 Rice Mine Rd NE Tuscaloosa, AL 35406 800-633-5953 randallreilly.com Corporate Chairman: Mike Reilly President and CEO: Brent Reilly Chief Operations Officer: Shane Elmore Chief Financial Officer: Russell McEwen Senior Vice President, Sales: Scott Miller Senior Vice President, Editorial and Research: Linda Longton Vice President of Events: Stacy McCants Vice President, Audience Development: Prescott Shibles Vice President, Digital Services: Nick Reid Vice President, Marketing: Julie Arsenault For change of address and other subscription inquiries, please contact: aggregatesmanager@halldata.com. 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(See DMM 507.1.5.2); NON-POSTAL AND MILITARY FACILITIES: send address corrections to Aggregates Manager, 3200 Rice Mine Road N.E., Tuscaloosa, AL 35406. An End to WOTUS Woes? by Therese Dunphy, Editor-in-Chief tdunphy@randallreilly.com EDITORIAL W hen President Trump issued an executive order instructing the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to review and reconsider the Waters of the United States (WOTUS) rule, aggregate producers almost assuredly let out a sigh of relief. From its inception, the rule has been a stinker. Many recognize it for what it is: an attempt by the EPA to massively expand its jurisdiction and impose layers of regula- tions on operators, farmers, and numerous other landowners. "The EPA's so-called 'Waters of the United States' rule is one of the worst examples of federal regulations, and it has truly run amok," President Trump said before signing the executive order. "With today's executive order, I'm directing the EPA to take action, paving the way for the elimination of this very destructive and horrible rule." The National Stone, Sand & Gravel Association (NSSGA) and other groups took legal action to fi ght the rule when it was promulgated in 2015. The hotly contested rule has since been stayed by the U.S. Court of Appeals for the Sixth Circuit. But, while it is not being enforced, the rule cannot be dissolved simply via the executive order. The order simply starts the process to unravel it, which may very well begin with the term 'navigable waters.' Defi nitions regarding 'waters of the U.S.' and 'navigable waters' have been the source of lawsuits for nearly two decades. In 2001 and 2006, the Supreme Court rejected EPA and Corps defi nitions as being too expansive. The executive order specifi cally directs the agencies to consider adopting a new or revised rule based on the defi nition "in a manner consistent with the opinion of Justice Antonin Scalia in Rapanos v. United States, 547 U.S. 715 (2006)." In his opinion, Justice Scalia said the Corps' attempt to expand the defi nition "has stretched the term 'waters of the United States' beyond parody. The plain language of the statute (the Clean Water Act) does not authorize this 'Land is Waters' approach to federal jurisdiction." The executive order's use of Justice Scalia's opinion, rather than the controlling opinion written by Justice Anthony Kennedy, offers a sense of where the administra- tion wants a new or revised rule to go. It seems likely that any revisions would be to the industry's benefi t while not pulling back so far from precedents as to provoke an ongoing battle with future administrations. Given the vague nature of terms that have plagued the Clean Water Act since its inception, we can hope that both regulatory bodies, such as EPA and the Corps, and producers will fi nally have have guidelines that are more well defi ned and suitable. With that goal in mind, this iteration of the rulemaking process may very well be cause for cautious celebration.