Clean water soon could join a list of issues – smog, the minimum wage, gun control – as an area where California law goes further than similar laws in the rest of the country.
But here’s the rub: The most likely path for that to happen is if lawmakers approve a new bill, SB 601 that calls for California to permanently enshrine into state law the rules of what has been, until recently, the federal status quo – the Clean Water Act of 1972. The bill was introduce on Feb. 21 by state Sen. Ben Allen, D-El Segundo.
The bill’s basic premise is simple. All future water pollution laws in California will have to cover the same waterways – wetlands, creeks, streams rivers and lakes – that applied to the federal Clean Water Act until the Supreme Court changed the definition of Waters of the U.S in Sackett v. EPA.
Because it doesn’t create new rules, SB 601 isn’t expected to add costs or red tape for the farmers and ranchers, water agencies, builders and manufacturers most often affected by clean water laws. And, because it is enshrining long-standing federal law into the state code, it’s hard to argue that the idea is particularly liberal or conservative. The Clean Water Act was signed by a Republican president, Richard Nixon, during an era when politicians across the political spectrum often favored environmental protection.
But supporters argue SB 601 will be needed because federal environmental laws – and, in some cases, the broader goals of cleaning the environment – are being gutted by the U.S. Supreme Court and President Donald Trump.
“We just don’t want to see (water rules) backslide,” said Garry Brown, founder of Orange County Coastkeeper, a nonprofit that’s backing SB 601.
“In the 28 years I’ve been doing this, I’ve never heard anybody say they want to see the water become dirtier. Clean water has never been a partisan issue,” Brown said.
“But conditions have changed,” he added. “And, now, we’re afraid of what we’re seeing right now in Washington.
“The rules we’re talking about are the rules we all basically agreed on for a long time,” Allen said.
But supporters of SB 601 say the Supreme Court is only part of why they want the new law. The other issue, they say, is an era of lax environmental protection they view as likely during a second Trump administration.
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