One of the things that you see when you read Project 2025 is not just the racist dog whistles, but some ideas that were exactly lifted from some of the most extreme white supremacists ever.
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Environmental Protection Agency
As a matter of broad practice, OW should be complying with statutorily estab
lished deadlines in all situations with only minimal exceptions. In cases where
statutory deadlines will not be met, senior management should be made aware
of the delay and should have an opportunity to determine whether alternative
courses should be taken.
Depending on the outcome of regulations from the Biden Administration as
well as intervention by the Supreme Court on both waters of the United States (WOTUS) and CWA Section 401,”’ the repeal and reissuance of new regulations should be pursued.
New Policies
New regulations should include the following:
A WOTUS rule that makes clear what is and is not a “navigable water” and respects private property rights. Coordinate with Congress to develop legislation, if necessary, to codify the definition in Rapanos v. United States that “waters of the United States” can refer only to “relatively permanent, standing or continuously flowing bodies of water...as opposed to ordinarily dry channels through which water occasionally or intermittently flows.”*°
Arule that provides clarity and regulatory certainty regarding the CWA Section 401 water quality certification process to limit unnecessary delay for needed projects, including by establishing a discharge-only approach with
a limited scope (from point sources into navigable waters), assessing only water quality factors that are consistent with specific CWA sections, and excluding speculative analysis regarding future potential harm.
Arule to ensure that CWA Section 308*' has a clear and enforced time limit.
Arule to clarify the standard for criminal negligence under CWA Sections 402* and 404.°°
Arule to prohibit retroactive or preemptive permits under CWA Section 404.
Arule to promote and shape nutrient trading that utilizes a carrot-versusstick approach when dealing with nutrient compliance.
Arule to update compensatory mitigation that imposes no new or additional requirements beyond current law.
Arule on updates necessary for the effective use of the CWA needs survey.