Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the "Waters of the United States" Rule

Executive Order 13778 of February 28, 2017

Restoring the Rule of Law, Federalism, and
Economic Growth by Reviewing the “Waters of the United
States” Rule

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. It is in the national interest to
ensure that the Nation's navigable waters are kept free
from pollution, while at the same time promoting
economic growth, minimizing regulatory uncertainty, and
showing due regard for the roles of the Congress and
the States under the Constitution.

Sec. 2. Review of the Waters of the United States Rule.
(a) The Administrator of the Environmental Protection
Agency (Administrator) and the Assistant Secretary of
the Army for Civil Works (Assistant Secretary) shall
review the final rule entitled “Clean Water Rule:
Definition of `Waters of the United States,' ” 80 Fed.
Reg. 37054 (June 29, 2015), for consistency with the
policy set forth in section 1 of this order and publish
for notice and comment a proposed rule rescinding or
revising the rule, as appropriate and consistent with
law.

    (b) The Administrator, the Assistant Secretary, and
the heads of all executive departments and agencies
shall review all orders, rules, regulations,
guidelines, or policies implementing or enforcing the
final rule listed in subsection (a) of this section for
consistency with the policy set forth in section 1 of
this order and shall rescind or revise, or publish for
notice and comment proposed rules rescinding or
revising, those issuances, as appropriate and
consistent with law and with any changes made as a
result of a rulemaking proceeding undertaken pursuant
to subsection (a) of this section.
    (c) With respect to any litigation before the
Federal courts related to the final rule listed in
subsection (a) of this section, the Administrator and
the Assistant Secretary shall promptly notify the
Attorney General of the pending review under subsection
(b) of this section so that the Attorney General may,
as he deems appropriate, inform any court of such
review and take such measures as he deems appropriate
concerning any such litigation pending the completion
of further administrative proceedings related to the
rule.

Sec. 3. Definition of “Navigable Waters” in Future
Rulemaking. In connection with the proposed rule
described in section 2(a) of this order, the
Administrator and the Assistant Secretary shall
consider interpreting the term “navigable waters,” as
defined in 33 U.S.C. 1362(7), in a manner consistent
with the opinion of Justice Antonin Scalia in Rapanos
v. United States, 547 U.S. 715 (2006).

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

    (Presidential Sig.)

THE WHITE HOUSE,

    February 28, 2017.