Input Stories

The proposed Waters of the United States rule announced on Monday—which received praise from the NAM—would eliminate barriers in the way of major mining projects ( E&E News, subscription).

What’s going on: The obligation to obtain permits under Sections 402 and 404 of the Clean Water Act might apply to fewer companies under the newly proposed rule, according to one expert.

The benefits: The Trump administration is pushing for expanded mining and processing in the United States, including rare earths and critical minerals like copper and uranium—all essential inputs for manufacturers.

• Since almost half of states rely on federal water protections and don’t have their own statutes, revisions to the federal rule could speed up development, especially out West.
• The Resolution Copper mine in Arizona, expected to be the largest copper mine in the U.S., is one project that would benefit from the modernization of the WOTUS rule. The state is also home to several “critical mineral projects like South32 Hermosa’s $2.16 billion manganese and zinc mine in the Patagonia Mountains.”

The uncertainty: While the draft rule is an important step forward for the manufacturing industry and is intended to bring Environmental Protection Agency policy in line with the Supreme Court’s 2023 decision in Sackett v. EPA, crucial details have yet to be worked out.

• Sackett held that only waterways that are relatively permanent, like rivers and lakes, fall under the Clean Water Act.
• However, the newly proposed rule adds further qualifications, mandating the inclusion of wetlands that contain “surface water” during the “wet season.”
• The definition of “wet season” is not yet clear, and the “EPA in its proposal states that it intends to base its decision off metrics from the web-based water-budget interactive modeling program, or WebWIMP,” according to E&E News.

What’s next: The proposed rule must undergo the required 45-day comment period, during which the agency is soliciting feedback on the definition of “wet season.” Even after it is finalized, federal agencies will still have to interpret the rule, which may lead to further litigation.

The NAM says: “Manufacturers need easy access to plentiful critical minerals. As one of the leading national advocates of permitting reform, the NAM strongly supports the proposal to update the WOTUS rule, a crucial step for strengthening U.S. supply chains and securing America’s preeminence in the global economy,” said NAM Vice President of Domestic Policy Chris Phalen.