Fish killed by red tide on the beach in Naples, Fla., on March 6, 2023. (Image: NBC2 News)
March 14, 2023 by David Silverberg
Last Thursday, March 9, Southwest Florida congressional representatives voted to roll back protections and allow increased pollution, which would have a direct impact on the region’s waters.
The vote was on House Joint Resolution (HJRes) 27, which passed by a vote of 227 to 198, largely along party lines.
The resolution changed the definition of the Waters of the United States (WOTUS) to potentially allow greater water pollution. It seeks to return to the status of regulation under former President Donald Trump.
Protecting the purity of water is a priority for Southwest Florida, which is currently suffering a major red tide bloom.
Both Reps. Byron Donalds (R-19-Fla.) and Mario Diaz-Balart (R-26-Fla.) voted for the resolution. Rep. Greg Steube (R-17-Fla.) did not vote, still absent due to an accident he suffered on Jan. 18. One Republican, Rep. Brian Fitzpatrick (R-1-Pa.) voted against the resolution. Nine Democrats voted for it.
Neither Donalds nor Diaz Balart issued statements explaining their votes. Donalds did not mention his vote in his weekly newsletter to constituents.
The House action is unlikely to take effect given Democratic dominance in the Senate and a pledge by President Joe Biden to veto the Republican House measure if it reaches his desk.
The water issue
The Clean Water Act of 1972 regulates US waters to prevent pollution, giving primary enforcement responsibility to the Environmental Protection Agency (EPA).
In 2015, WOTUS was put in place under President Barack Obama to protect a variety of streams, rivers and wetlands that serve as sources for larger bodies of water, in an effort to reduce pollution. In particular, the rule covered water sources that run intermittently or underground. The rule particularly affected Southwest Florida whose streams and wetlands impact much larger bodies of water like the Caloosahatchee River and the Everglades.
In January 2020, President Donald Trump rolled back WOTUS with his own administration’s “Navigable Waters Protection Rule,” which eliminated many of the previous protections. Developers and industries were no longer required to get permits under the Clean Water Act before dumping waste and pollutants like pesticides and fertilizers into water sources like creeks and streams. Essentially, the Trump administration held that if a body of water wasn’t “navigable” anti-pollution measures wouldn’t apply.
“I terminated one of the most ridiculous regulations of all: the last administration’s disastrous Waters of the United States rule,” Trump boasted when he ended the protections. “That was a rule that basically took your property away from you.”
“This is a horrible setback for wetland protection in the USA,” wrote Bill Mitsch, a globally recognized wetlands expert and eminent scholar and director of the Everglades Wetland Research Park at Florida Gulf Coast University at the time. (Mitsch has since retired.)
“I have followed this tug of war for all these years between those who appreciate the many ecosystem services that wetlands provide, including cleaning our waters, sequestering and permanently storing carbon dioxide from the atmosphere, and providing the best habitat for hundreds of threatened and endangered species, and the industrial-scale agricultural, energy, and real estate giants” Mitsch wrote. “It has always been a David vs. Goliath [battle].”
In June 2021, President Joe Biden’s administration restored the previous anti-pollution restrictions of WOTUS. Both the EPA and the US Army Corps of Engineers made the announcement.
“It’s a good move,” Mitsch told The Paradise Progressive in an interview when the rule was reapplied. “I’m happy because it’s the right direction.”
Mitsch continued: “I’m delighted both agencies have stepped forward. This, in my view, is a good turn for Southwest Florida and especially the Everglades.”
With its vote last Thursday, the Republican-dominated US House voted to remove the Obama-Biden protections and allow Trump-era pollution.
Although the measure is unlikely to take effect, Southwest Florida’s waterways and wetlands remain under threat since the state took over the permitting process from the federal government in one of the Trump administration’s last acts.
“I’m very much afraid of Florida taking wetland management away from the feds. What the feds are doing is great but I’ve seen it before,” Mitsch said at the time. “There’s no question why [the state] wanted to take over water regulation; it was for development.”
Liberty lives in light
© 2023 by David Silverberg
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