Are "Waters of the United States" in your backyard?

To view the video and read statements, please see the Subcommittee on Water Resources and
Environment webpage.  The EPA's proposed rule changes WILL impact local land use and environmental regulations and decisions.  Should the EPA have control over ALL water in the US?

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0 Wednesday, June 11, 2014 @ 10:00 | Contact: Contact: Jim Billimoria 202-225-9446

 
This is a hearing of the Subcommittee on Water Resources and Environment.

Shuster and Gibbs Opening Statements

Hearing on 

"Potential Impacts of Proposed Changes to the Clean Water Act Jurisdictional Rule

June 11, 2014

(Remarks as Prepared)

Chairman Bill Shuster (R-PA)

Committee on Transportation and Infrastructure

In late April, the President published a proposed rule that will dramatically extend the reach of the federal government when it comes to regulating ponds, ditches, and other wet areas.  This is yet another example of a disturbing pattern of an Imperial Presidency that seeks to use executive action and brute force while ignoring Congress and the Supreme Court.

Unilaterally broadening the scope of the Clean Water Act and the federal government’s reach into our everyday lives will adversely affect the Nation’s economy, threaten jobs, invite costly litigation, and restrict the rights of landowners, states, and local governments to make decisions about their lands.

This massive federal jurisdiction grab was the subject of failed legislation in the 110^th and 111^th Congresses.  Strong bipartisan opposition prevented those bills from moving forward.

Now the Obama Administration is trying to administratively do an end-run around Congress and achieve this federal power expansion through a rulemaking.  This proposed rule supposedly aims to “clarify” which waterbodies are subject to federal jurisdiction under the Clean Water Act.

But I am extremely concerned that there are serious flaws with this rule.  Twice, the Supreme Court has told the agencies that there are limits to federal jurisdiction under the Clean Water Act, and that they had gone too far in asserting their authority.  Now the Administration has taken those Supreme Court rulings and cherry-picked discreet language from them in an attempt to gain expanded authority over new waters, rather than heeding the directive of the Court.

It is the responsibility of Congress, and not the Administration, to define the scope of jurisdiction under the Clean Water Act.

This rule will have sweeping economic and regulatory implications for the entire Nation.  Therefore, it is vitally important that the agencies correct the deficiencies with this rulemaking and develop a rule that is credible, reasonable, and consistent with the law.

Regulation of the Nation’s waters must be done in a manner that responsibly protects the environment, without an unnecessary and costly expansion of the federal government.  We can continue to protect our waters without unreasonable and burdensome regulations on our businesses, farmers, and families.