ISSUE BRIEF: Oppose Efforts In Congress To Expand Federal Regulation of Wetlands
Clean Water Act amendments would spell disaster for Western states, communities and landowners
The Issue:
There has long been a dispute brewing between the courts, federal regulators,
environmental groups and industry regarding exactly what bodies of water fall under the purview of the Clean Water Act (CWA). The problem: the CWA gives the Environmental Protection Agency (EPA) and the Army Corps of Engineers (The Corps) and delegated state authorities regulatory jurisdiction over “waters of the United States” (WOUS) but does not define what the term means. This has led to massive confusion.
Now, some Members of Congress -- led by House Transportation and Infrastructure Chairman James Oberstar (D-MN) – are seeking to solve the issue with legislation that would greatly expand the jurisdictional sweep of CWA, by changing the waters to be regulated from ‘navigable waters’ to ‘waters of the United States.
The Clean Water Authority Restoration Act is troubling on a number of fronts:
It would expand the regulatory reach of EPA and the Corps to include essentially all arguably wet areas within a state.
EPA/the Corps would have a virtual veto over land-use policies in the West.
It would expand the legal basis for the legislation, making federal authority to regulate under the CWA virtually unlimited.
Existing regulatory limitations that allow common sense uses such as prior converted cropland and waste treatment systems would be eliminated.
The expanded definition would burden state and local governments – administratively and financially.
It would cause water providers, landowners’ and water use entities’ liability risk to grow.
Impacts on the West:
The legislation would greatly expand the jurisdictional sweep of CWA, by changing the waters to be regulated from “navigable waters” to “waters of the United States.”
This legislation, if enacted, would have devastating consequences for the West. It is an affront to the authority of state and local governments and would foist huge unfunded mandates onto them. Worse yet, such CWA amendments would also make it more costly to grow crops, provide water to cities, operate and maintain water storage and delivery facilities and carry out other activities on the land.
Status of the Issue:
Congressman Oberstar is now gathering cosponsors for his legislation. Similar legislation he introduced in the 109th Congress garnered 169 (mostly Democratic) cosponsors. Given that level of support, and the fact that Congressman Oberstar now chairs the Committee where the legislation will be considered, it is a virtual certainty that this legislation will move in the 110th Congress.
Solutions:
- Take 60 seconds and tell your Member of Congress that you oppose efforts to expand the federal government’s regulatory authority under the CWA. Ask him/her to stand up for the West by actively opposing this and other efforts to expand the
CWA.
Take Action on this Issue