Andrew Wheeler, President Trump's selection to serve as the EPA Administrator, cleared the Senate Environment and Public Works Committee by an 11-10 party line vote on February 5, and his nomination now moves to the full Senate for a final vote in the coming weeks. He is expected to be confirmed, and while that process proceeds Mr. Wheeler is spearheading efforts to re-vamp the Waters of the U.S. (WOTUS) regulatory framework.
The Obama-era Clean Water Rule, which significantly expanded the federal government's regulatory footprint, was put on hold in large parts of the country due to a series of federal court rulings. At the same time, a number of other federal courts upheld the 2015 rule leading to a nationwide patchwork of regulation.
In December 2018, EPA issued a revised (and far less expansive) draft rule and will formally open up public comment on the rule this month as the next step in the process before it moves toward finalizing the regulations later this year. The revised WOTUS rule would provide far greater clarity for the real estate industry and many other sectors, while also seeking to more clearly distinguish federal and state jurisdiction of America's waters. The revised rule is likely to be challenged by environmental groups and some states.
Abby Jagoda
Senior Vice President, Public Policy
Abby is in her second stint at ICSC for a combined 8 + years. She has been responsible for a wide-ranging portfolio of legislative issues, from ADA reform, to environmental, ESG and Organized Retail Crime (ORC). She has testified twice in the past two years to Congressional audiences on the ORC topic and Abby is ICSC’s point person for Democratic offices on Capitol Hill. She is the liaison to the Environmental Policy Committee and the ESG Committee. Abby has also taken the lead in outreach between the Congressional Black Caucus and Hispanic Caucus and ICSC members.