EPA has dropped a Biden-era complaint over wetlands pollution in Alaska due to the Trump administration’s pending rollback of a sweeping Clean Water Act regulation.
The reversal offers a real-world example of how the forthcoming rule redefining what counts as “waters of the U.S.” could limit the federal government’s jurisdiction over wetlands.
EPA initiated an enforcement case last summer against the Alaska Department of Transportation and Public Facilities, accusing the state agency of dumping gravel and other materials in wetlands in a state refuge without a required federal permit. Federal attorneys sought hundreds of thousands of dollars in fines. Alaska denied any wrongdoing.
Now, the federal government has reversed course, withdrawing the complaint last month due to the planned new “waters of the U.S.” rule. A top priority for the Trump administration, the rule is expected to create a less protective regime for the nation’s wetlands, leaving many outside the scope of the Clean Water Act — including, potentially, the wetlands at the center of the enforcement case.
