The Santa Fe New Mexican published an article on Saturday February 29 discussing how the new “waters of the United States” (WOTUS) rule could lead to less regulation of stormwater from Los Alamos National Laboratory and in Los Alamos County. Law Center Staff Attorney Charles de Saillan and Rachel Conn, Projects Director for our client Amigos Bravos, are quoted in the article. The new definition eliminates federal protection of ephemeral waters (surface waters that carry water only when it rains or from snow melt). It also no longer covers interstate waters or wetlands that are not adjacent to a protected surface water. New Mexico is one of three states that have not asked to be delegated authority from the Environmental Protection Agency (EPA) to write their own water quality permits, so we are dependent on the EPA and federal rules for our permits. You can read more about this issue, including our comments on the proposed rule change and our press release on the new rule.
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