A River Runs Through It

Yesterday, EPA Administrator Lisa Jackson announced an EPA decision finding that the Los Angeles River, which cuts a 50-some mile pathway through the heart of the nation’s second largest city, is a “traditional navigable water” under the federal Clean Water Act.   What that means is that EPA found that the river, notwithstanding its channelization for floor control purposes, is a real river and must be protected as such.  In many ways, what EPA did was underscore the word, “River,” in the LA River’s name.   To a kayaker, birder, or boater—or to the City of Los Angeles and countless community organizations working to restore the river—this is not a surprise.  But it’s a welcome development with broader implications.

The decision by EPA is an effective veto of an earlier finding by the U.S. Army Corps of Engineers that one four mile stretch of the Los Angeles River qualified as such.  The Corps, due to complicated reasons (that make little sense), normally determines which waters in the country are protected by federal Clean Water Act.  At least they do so in the first instance.  

The recognition after a careful analysis by EPA that the LA River meets the mark as a “traditional” river is good news for rivers in the West.   Recent Supreme Court decisions have cast some doubt on whether western rivers and their tributaries, which sometimes naturally have little water, are deserving of federal clean water protection.    But while EPA’s decision is welcome, it also underscores how much in need of clarification the Clean Water Act is to ensure that all of the nation’s waters are protected, which was clearly Congress’ intent in passing this landmark environmental law. Legislation is now pending in Congress that would do just that, which is a more sensible way to oversee something this important than expecting EPA to look over the shoulder of the Army Corps and ensure that its analyses don’t give short shrift to western rivers.   My colleague, Jon Devine, is working on this legislation and he’s blogged on it before.

Yesterday’s decision is also a welcome step forward for EPA as it develops an Urban Waters Initiative.   Recognizing and protecting rivers in the heart of America’s cities, where most of the country now lives, is critical if the Clean Water Act’s goals are to be realized.   EPA now must team its recognition that rivers like the LA River are worthy of protection with regulatory efforts that deliver the protection.