fresh_42 said:
It isn't the wording, but opinion, meaning and consequences are essentially the same
So we're spinning. Fine.
The Constitutional authority for federal water projects was based on "navigable waters" and Congress' authority to regulate interstate commerce. (In the US system, the federal government can not do just anything it thinks is a good idea: there needs to be constitutional authority, otherwise it is a State matter) The Clean Water Act instead uses the terms "waters of the United States" and the EPA has ruled that because of their interpretation of "Connectivity Report" (more on that later), they should have jurisdiction over every puddle of water. In Rapanos v. United States the plurality opinion (there was no majority) was that this is overly broad. President Obama, by executive order, instructed the EPA to ignore Rapanos and to use the "every puddle" rule, and President Trump ordered them to obey Rapanos.
First comment: For everyone who thought it was swell that President Obama could "act when Congress wouldn't" by executive order, I hope you see what this is a really, really bad idea.
Second comment: If we're going to spin, I could say "Obama defies Supreme Court with EPA executive order" and it would be no less accurate than the present thread title (and arguably more).
Third comment: You do know that where the Connectivity Report declared "insufficient evidence" the EPA (under the Obama administration)
overruled them. And somehow now that Trump is moving in the direction of the original report, he's anti-science.
I'm no fan of Trump's. But it does no good to misstate the record in an attempt to make him look bad.