May 7, 2014
www.gfb.org
Vol. 32 No. 18
CONGRESSMEN TO EPA AND CORPS OF ENGINEERS: BACK OFF WATER RULE A majority of the members of Congress signed onto a May 1 letter to the EPA and the U.S. Army Corps of Engineers asking that the agencies withdraw their proposed rule that would redefine “waters of the U.S.” in the Clean Water Act (CWA) and greatly expand EPA jurisdiction. The letter, drafted jointly by Reps. Chris Collins (R-N.Y.) and Kurt Schrader (D-Ore.), was co-signed by 229 other Congressmen, representing a majority in the U.S. House. All but two of Georgia’s 14 representatives signed the letter. Reps. John Lewis (D-5th District) and Hank Johnson (D-4th District) did not sign the letter. “EPA’s overreach is already causing real harm for farmers and stalling business development across our country,” Chris Collins said in a press release. “When I visit with farmers in my district, the heavy burdens under the Clean Water Act come up each and every time. When the bureaucrats at the EPA decide to call a divot in the ground that fills with rain a ‘navigable waterway’ under the CWA, we know our federal government has run amuck. The fact that the EPA and USACE are now looking to formally broaden the definition of ‘navigable waters’ is an insult to hard working farmers all across this country.” The proposed rule, which was announced on March 25 and published in the Federal Register on April 21, would redefine the scope of federal power under the CWA, giving the EPA jurisdiction over almost all physical areas with a connection to downstream navigable waters. This would put features such as ditches, natural or man-made ponds and flood plains under federal control. The members say the new rule would directly contradict two prior U.S. Supreme Court decisions and is based on incomplete scientific and economic analyses. Georgia Farm Bureau and American Farm Bureau oppose the rule, maintaining that it is an attempt to circumvent the will of Congress and the Supreme Court precedents. Farm Bureau is also seeking an extension of the original 90-day comment period to 180 days. While the EPA and Corps have communicated that the intent of the rule was to clarify the “waters of the U.S.” definition, the Congressmen wrote that it creates confusion with its reliance on “undefined or vague concepts like ‘riparian areas,’ ‘floodplain,’ ‘ordinary high water mark’ as defined by the agencies’ ‘best professional judgement’ and ‘aggregation.’” The letter also indicated the proposed rule would throw into confusion extensive state regulation of point sources under various CWA programs. For more information about the rule or to submit a public comment on it, visit http://ditchtherule.fb.org. The 90-day comment period ends July 21.