TEE-OFF News
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From the Field Jeff Jensen, GCSAA Field Staff, Southwest Region As expected, President Donald Trump issued an executive order on Feb. 28 directing the Environmental Protection Agency Jeff Jensen (EPA) and the Army Corps of Engineers (Corps) to review the Clean Water Rule (WOTUS) and publish for notice and comment a rule that either revises the pending Clean Water Rule or replaces it entirely. Placed on hold since October of 2016 by the 6th Circuit Court of Appeals, the Clean Water Rule expanded the Clean Water Act’s federal jurisdiction to include waters previously under state or local control, such as isolated ponds, wetlands, ditches and ephemeral drainages (i.e. those with only an intermittent flow). The EPA, Corps – as well as any other agency’s or executive department involved - must follow the statement of policy laid out to keep navigable waters pollution free while promoting economic growth, avoiding regulatory uncertainty and
respecting states’ rights. Further, it narrows the scope of navigable waters in any future rulemaking to those waters Justice Antonin Scalia referenced in his 2006 opinion in the Supreme Court case of Rapanos v. United States. Scalia had argued that the Clean Water Act should only cover those waters 1) with a permanent flow; or 2) with a surface water connection to waters with a permanent flow. While the interpretation of the Clean Water rule was murky at best, golf courses could have been required to obtain costly federal permits for any land management activities or land use decisions in, over or near these waters, such as pesticide and fertilizer applications and stream bank restorations and the moving of dirt. While the executive order doesn’t set a timeline, it does outline a path forward for the Clean Water Rule’s eventual repeal and replacement. GCSAA will continue to follow the situation and keep members updated on its progress. Speaking of progress, GCSAA launched its revamped website on March 7. The redesign has been over a year in the making and offers a modern look and user friendly
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format that can be optimized for smartphones and tablets. The site contains content exclusively for members as well as an improved Resources and Government Affairs page. If you are having any problems with logging into or navigating the new site, call the member services department at 800-4727878 and they will be happy to assist you. Thank you again for your support of GCSAA and I hope that your spring season is off to a great start. Please contact me at jjensen@gcsaa.org with any question and make sure to follow me on Twitter @GCSAA_SW for daily industry updates.
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