Opportunity for Local Governments to Weigh In on WOTUS
This Tuesday, the U.S. Environmental Protection Agency kicked off a series of six listening sessions to hear various stakeholder perspectives on key aspects and implementation challenges of the “Waters of the US” (WOTUS) law. WOTUS governs which water bodies are subject to federal regulations under the Clean Water Act. The definition has been historically contentious and litigious, either widening or narrowing with each new administration. On Tuesday, May 6 from 3:00-5:00 p.m. ET, the EPA will host a listening session dedicated to gathering local government feedback. Register here if interested. The EPA will channel the feedback into revising WOTUS to conform with the decisive 2023 Sackett v. EPA ruling that limited the federal government’s authority to regulate certain waterbodies.
Striking a good balance for WOTUS means minimizing federal overreach of state and local land use, while ensuring critical environmental protections of our natural ecosystems. A more expansive WOTUS subjects more of Georgia’s streams and wetlands (including the Okefenokee Swamp) to federal protections and regulations. Smaller, indirect water bodies would also be affected if tied to larger water bodies, triggering the “nexus” connection. The National League of Cities has led efforts to advocate for explicit exclusion of municipal water infrastructure. City leaders have the opportunity now to demand that a revised definition provide clarity and consistency.
Public Safety Executive Orders
In two Executive Orders published on Monday, the Trump Administration doubled down on efforts to empower law enforcement in fighting crime and to hold “sanctuary cities” accountable. The orders generally seek to promote coordination between federal and local partners and ensure local compliance with federal immigration law. Non-compliant jurisdictions could face legal remedies, enforcement measures and withholding of public benefits. The factsheets can be found here and here.
DOJ Grant Cancellations
Late last week, in line with sweeping funding cuts across the federal government, the U.S. Department of Justice (DOJ) canceled multiple grant programs, including several that provide critical support to local governments for law enforcement, public safety, violence prevention, and criminal justice reform. Some program cuts were immediately reversed, but nevertheless, even slight disruptions can be harmful and city officials know that uncertainty alone adds cost. Grantees have 30 days to appeal cancellation notices.