Letter Calls on Administration to Reconsider Proposed “Clean Water Protection Guidance”

Over 30 members of the Congressional Western Caucus joined a letter written to the Environmental Protection Agency and the Army Corp of Engineers to express concerns that the agencies are attempting to circumvent the proper regulatory process in order to push through a dramatic expansion of federal jurisdiction under the Clean Water Act. In December 2010, EPA and the Corps sent draft “Clean Water Protection Guidance” to the Office of Management and Budget for regulatory review. By the agencies’ own admission, this “Guidance” will substantively change federal policy with respect to which waters fall under the jurisdiction of the Clean Water Act (CWA) and significantly increase the scope of the federal government’s power to regulate waters. From the letter:

This “Guidance” would substantively change the Agencies’ policy on waters subject to jurisdiction under the Clean Water Act; undermine the regulated community’s rights and obligations under the Clean Water Act; and erode the Federal-State partnership that has long existed between the States and the Federal Government in implementing the Clean Water Act. By developing this “Guidance,” the Agencies have ignored calls from state agencies and environmental groups, among others, to proceed through the normal rulemaking procedures, and have avoided consulting with the States, which are the Agencies’ partners in implementing the Clean Water Act.

The Agencies cannot, through guidance, change the scope and meaning of the Clean Water Act or the statute’s implementing regulations. If the Administration seeks statutory changes to the Clean Water Act, a proposal must be submitted to Congress for legislative action. If the Administration seeks to make regulatory changes, a notice and comment rulemaking is required.

The complete letter is here.