NPR: Trump, Supreme Court And Waters Of The USA Rule

NPR's Greg Allen looks at the dynamics surrounding the Supreme Court's decision to hear a case involving the EPA's Waters of the United States rule. The rule has enormous ramifications for golf as more golf course water features could come under federal regulation.

Allen points out that the rule could directly impact President Donald Trump's golf courses, and therefore, impact his selection of a Supreme Court justice.

The rule is opposed by a long list of industries, including manufacturers, farmers and golf course owners like Trump.

They have been filing lawsuits that have put the rule on hold. Bob Helland, with the Golf Course Superintendents Association of America, says the average golf course has over 11 acres of streams, ponds and wetlands that could be affected. Under the rule, courses may now need federal permission before applying fertilizer or pesticides.

"Many of our routine activities would be deemed as a discharge into waters of the United States and could not move forward without getting a required permit," Helland said.

Allen notes that the rule could be eliminated sooner should Congress kill the rule and President Trump not veto it. Republican Sens. Joni Ernst and Deb Fischer have introduced a resolution to commence such a process.

ABC News is reporting that President Trump will be nominating a justice to fill the vacant seat on Tuesday.

Comments

[Jonathan]

Under this administration - zero chance this regulation in administered. The impact to farming would dwarf and impact to golf.

[D. maculata]

NPR? A really unbiased source trying to "make" news. Shoot up a mosque and it's terrorism. Do the same at Fort Hood and it's workplace violence. That kind of bias. There is no news. NPDES regs to monitor stormwater discharges are nothing new. I know, I ran a pain-in-the-ass program. And it was completely necessary. The fact that golf courses didn't find themselves on the initial list only means there were more important locations to address first. Time to get busy sampling like the rest us had to. If the Daphnia pulex are surviving, you've got nothing to sweat.

[Superintendent]

Superintendents like myself perform extensive testing on our "natural" water, well water, reclaimed water, water used for pesticide application, greens soil, fairway soil, tee soil, plant tissue, bunker sand, as well as testing stream water as it enters the course and exits to show the water is actually cleaner after it is filtered naturally by the friendly ecosystem that is a golf course. We test, a lot, every year.

[Frank]

D-mac, you are actually very wrong in your assessment of NPR, look it up. Spouting off about them only makes everything else you say seem that much more ridiculous.

[D. maculata]

Wow, Frank. It was a reference to their skewed political views, something that should never happen when there's a capital "P" as in public. But I suppose you missed the point in your ridiculous assessment.

[Pat(another one)]

More importantly, this rule is a perfect example of the overreach the EPA has shown in all areas. Hopefully Trump is successful in his promise to reign them in.

[digsouth]

If the private sector would have done the right thing thru decades of abuse rather than use, the EPA would not have to resort to such extreme measures now.

[D. maculata]

True, digsouth. What upset those mandated to comply most, involved government awarding their sites a long grace period. The ol' do as I say and not as I do routine.

[Person of Interest]

Because some greedy swine have had no reservations about dumping chemical wastes, poisons, sewage and every other kind of thing you can imagine, directly into waterways in the name of improving the bottom line - this is what happens. Waterways don't need protection from golf courses, as mentioned above by superintendent, they do their own internal testing and monitoring. On top of that their inputs are minuscule compared to other industries. Waterways need protecting from industrial polluters and their slimy disgusting lobby who take millions in consulting fees to fight regulation, when that money could have been used to improve water quality etc. We'll see if manufacturing returns to the USA, and if your kids and their kids have any clean water to drink and any places to swim.

Dmac, they only seem skewed to you because you have different views. And I'm not sure you have it quite right. When there is violence like that at Fort Hood, it's not NPR that doesn't want that labeled as terrorism, that is the typical modern right wing agenda: don't label anything terrorism unless it involves Islamic Extremism.

[Patches O'Houlihan]

Did you actually read the story D Mac? Pretty much just lays out the situation. If you think Fox News plays it down the middle like my wife does, you think NPR is far left wing. But my wife never actually listens to NPR.

It's only one week into the administration, but people should get used to the media pointing out when the President's business interests may conflict with actions he may have to take. This time it's his golf courses, but it will come up again and again. That's actually the news media's job.

This path was a choice.

[Stiggy]

Was the attack in the Quebec mosque Radical Christian Terrorism?

[D. maculata]

Skew Left or Right to your heart's content, Mr. Person. As long as you're paying your own freight, I couldn't care less. Except when it involves one dime from the taxpayer. In that case it should be dead down the middle, a disqualifier NPR refused to recognize during the eight years of the previous occupant.

[JS]

Patches - was it the same job to point out conflicts of interest with the former Secretary of State and 2016 Democratic nominee?

Interesting isn't it, the circumstances which compel people to do their jobs...

[Patches O'Houlihan]

You are kidding about Hilary, right? Her personal baggage was well documented and definitely the biggest reason she struggled in the primaries vs Sanders and possibly the biggest reason she lost the election to Trump.

She also didn't reach the White House without releasing tax returns and without divorcing herself from her assets. Had she, she would be as fair game as our new President.

[HBL]

I think the article is about a potential conflict of interest when someone is nominated to the Supreme Court. Not sure how that is a wedge issue. Personally I don't know enough about the actual regulation, legislation or science to have an informed opinion on the underlying subject. I do have a preference for Congress actually producing comprehensive and reasoned legislation rather than have a Court attempt to define poorly articulated regulator language. Make Congress do the work and be held accountable at the ballot box.

[Ivan Morris]

Shortage of water is a bigger problem than any unwanted (small) leakages of chemicals and pesticides.

[ca_jon]

@dmac....I just read the NPR stores about both Ft. Hood and Quebec. All they did was report, just like you're supposed to do as journalists. At Ft. Hood, none of their sources were quoting that it was a terrorist attack, In Quebec, both the Prime Minister and the head of Quebec quoted that the shooting was an act of terror. NPR accurately reported both. The problem is not NPR bias, it's your right wing media driven denial of reality (facts). You seem like a smart guy, shame you let them make you look otherwise.

[Lateral Hazard]

"Industrial polluters" are not just some manufacturing complex discharging toxic waste into waterways. Close to me, the Number 1 concern is agricultural run-off, be it effluvia from the chicken farms or from fertilizers used to grow the feed for the chicken and/or hog farms. Further down the line, that translates into commercial shellfish production/quality/quantity.

There is a low-level "destination" golf business here also. Those are concentrated closer to the resort areas of the Atlantic and coastal waterways. I don't hear much on that. More interest regionally in agricultural run-off affecting the Chesapeake bay.

[D. maculata]

"At Ft. Hood, none of their sources were quoting that it was a terrorist attack." Why not? The gunman was shouting Allahu Akbar at Ft. Hood, same as reported in Quebec. FWIW, ca_jon, selective reporting occurs on both sides of the isle. To defend NPR says more about your political views than mine.

I'm sure golf course superintendents are thrilled the best practices under the law are lacking. This isn't about an open pipe from a hexavalent tank or a pig farm to a waterway. Although the EPA sure is adept at dodging bullets fired from their own guns on that front. And I quote from the 2015 King Gold Mine spill: "The EPA has taken responsibility for the incident, but refused to pay for any damage claims filed after the accident on grounds of sovereign immunity." Care to guess what the government position would be had the private sector made such a mistake?

[Michael C.]

Trump will use the office for his own personal advantages. Everyone who still doesn't want to believe this is either ignorant or brainwashed by Fox News

[jly]

These rules are absolute no-brainers. Yes, they may hurt economic concerns. No, that is not more important than protecting the waterways. Without this kind of regulation, the market cannot rely on itself to do the right thing. Specifically regarding golf courses, they are the absolute last usage of pesticides and fertilizers that should get a pass for economic reasons or because they are minor contributors. In fact, there is no acceptable reason they should be allowed to use pesticides at all. Believe it or not, it IS possible to maintain a golf course without the use of chemical pesticides, herbicides, and fertilizers. Thank you to those that are moving in this direction. We should all get used to the idea of less than visual perfection.

[digsouth]

It amazes me how the anti - EPA people have no concern foe their children or grandchildren, etc. The immediate issue is equipment that can measure so small an amount, it is actually inconsequential.

But as to donnie's deal-- he has already tossed the Constitution by refusing to follow Federal Judges orders, and the line to impeach him is being led by some of Bush 43's people The realization that he is having the opposite effect on the Muslin countries is actually increasing the danger to the US, not making us safer..

One only need look at the countries don singled out in his manifesto- no known terrorists have attacked us from any of them; but Egypt and Saudi Arabia have provided the USA with terrorists- AND- they are also countries where don the mon (sic) has business interests.

I don't care for HRC, but she would not have led to an increase in bomb shelter inquiries.

Interesting, doncha think, and isn't it ironic?

[B.I.G.]

This is too sad to laugh at. Even the game can't hold the crazies back!

[Frank]

https://www.poynter.org/2012/survey-nprs-listeners-best-informed-fox-news-viewers-worst-informed/174826/

[Buck]

Good post Superintendent. The days of indiscriminate use of fertilizers and pesticides on golf courses is long gone.

[PA PLAYA]

Thwarting local, state and federal environmental laws isn't anything new. People seem to forget that while the "heralded" Pete Dye was in the midst of designing the Ocean Course at Kiawah, a guy by the name of Hugo meandered through the area.... in the form of a hurricane. So all local, state and federal agencies were quite distracted, needless to say, with all of the other pressing needs for several months thereafter, pretty much giving Mr. Dye carte blanche opportunities to finish the course with little-to-no oversight.

Otherwise it very well might not have been ready for the '91 Ryder Cup.

Golf courses in general are not environmentally friendly, contrary to whatever superficial awards might be presented as far as "Audubon Sanctuary" awards granted. Probably not even the one you personally tee it up on most occasionally.

Might be best to simply soften the level of hypocrisy here, unless you're willing to undertake your own investigative measures to make sure your preferred layout is "compliant."

[spoiling a good walk]

" I do have a preference for Congress actually producing comprehensive and reasoned legislation rather than have a Court attempt to define poorly articulated regulator language. Make Congress do the work and be held accountable at the ballot box." --HBL

You don't understand the process. After Congress "does the work" to write the law, one agency of the executive branch administers the law with the authority to write additional regulations to "iron out" the details. Once the agency opens investigations and eventually brings cases to Federal Court, flaws in the law will come to light, courts sometimes direct agencies to clarify the law with regulations, and agencies sometimes write additional regulations on their own. Sometimes agencies are "handed their hat" many times by Federal Courts. Its a process, and Congress fully understands that their laws are subject to human error and must have additional regulations written in the future. Regulatory laws are written by Congress. Regulations clarify Congressional laws and are written by Agencies of the Executive Branch subject to court challenges.

[KPK]

"Golf courses in general are not environmentally friendly, contrary to whatever superficial awards might be presented as far as "Audubon Sanctuary" awards granted. "

Compared to a protected wildlife sanctuary, no, they're not. Compared to a shopping center, parking lots, housing community, etc., they are way more environmentally friendly.

[PA PLAYA]

In other words @ good walk spoiling, there's a buffer embedded within the process to allow the federal government to run even more interference, especially when it involves parties who might not exactly be partial to the administration in charge.

[Scott]

I'm no wildlife biologist, but on all my trips to Florida the gators and egrets and snakes I've seen on golf courses look very healthy. I'm sure the Florida DEP can do a very creditable job figuring out if the ecology is being harmed by pesticides and what not. Plus we already have a very good federal Clean Water Act in place. Obama and Hillary see more federal control as an absolute good. (see Obamacare) And of course more rules means more rear ends shining seats in Washington collecting GS-13 salaries. As for Trump, I'm sure he put up $60M of his own money in the primaries, gave up control of his business and subjected himself and his family to endless character attacks so he could save a few thousand bucks at Doral. Makes total sense to me.

[Tom Morris]

'Land Fit For Purpose' is still the only way to design and lay out a Golf course. Failure to understand that simple rule has taken the game into areas and places it just should not be - this attitude that we can do what we like, when we want and how we like is coming to an end.

We have to be responsible for our actions more so our designs and upon the land we lay our ideas to rest. Sustainability was once the corner stone of GSA, but modern Designers and owners seem to have forgotten that in the end cost relates to sustainability, not just to the course but equipment too.

Green is nice but not necessary, we have to live with our environment and so should plan within the scope of what is right for the land and the game. We must shake off this 6-million-dollar man syndrome that with money we can do what we like because soon rather than later even the money runs out while sustainability may well stretches it way further.

However, we have not yet learnt the lesson, so many clubs and designers will start coming up against environmental issues that they just can't win, so, I say, remember 'land fit for Purpose'. It is indeed very important and may save your course, not to mention your collective reputations in the long run.

These are not new issues but old, however many have forgotten the very basics and taken the game and GCA into the realm of dreams not wet dreams but dry!

[Superintendent]

PA PLAYA you couldn't be more off base. The dense green turf acts as a natural filter for all contaminants including runoff water from local shopping centers and airports. Pesticides are applied at label rates determined by your precious EPA. The water that enters our members' top 100 facility is much cleaner after it passes through our 36 holes. We are in a suburban area and provide a sanctuary for hundreds of deer, birds of prey, and aquatic life that would otherwise be non-existent among the concrete sprawl. Temperatures are 20-50 degrees cooler on healthy green turf compared to hardscapes and surfaces. The half-life of pesticides is now minescule, with signal words of only caution on even insecticides. Back to the law, it essentially makes it illegal for a superintendent to even squeegee water puddles off fairways as there is no clear definition of what the waterways are. It's a document similar to a essay you forgot to write in middle school and slopped something together in study hall right before your English class so you don't take a zero. It's lacking depth and clarity to say the least, which can be very dangerous when enforcing the laws.

[spoiling a good walk]

Straight from the horses mouth or whoever the Acting Director of the EPA is:

https://www.epa.gov/cleanwaterrule/final-clean-water-rule

[spoiling a good walk]

This link is the picture book version of the Clean Water Rule, a regulation written under authority granted to the EPA by Congress in the Clean Water Act:

https://www.epa.gov/cleanwaterrule