Inhofe challenges plans for clean-water guidance

U.S. Sen. Jim Inhofe warned Wednesday that the Obama administration’s newly proposed clean-water guidance shows it wants to put all bodies of water, no matter how insignificant, under the reach of the federal government. Given how broadly the proposal would reach throughout the economy, the Tulsa Republican vowed to have the Senate vote on it. “This guidance document further shifts the balance of regulatory authority away from states to the federal bureaucracy,” Inhofe said. Rep. Frank Lucas, R-Cheyenne, agreed, warning that despite its claim the guidance is nonbinding, the administration’s approach will lead to an intrusion into individual and states’ rights. Lucas, chairman of the House Agriculture Committee, warned the proposed guidance could end up covering even farm ponds and ditches...more

And Steve Pearce, as Chairman of the Western Caucus issued the following statement:

    “This is another attempt by the Administration to circumvent the proper process to implement its job-killing policies. It is clear that even the Obama Administration acknowledges it was significantly overreaching with their initial proposal. Unfortunately, the Obama Administration continues their war on western jobs under the guise of a ‘non-binding’ policy,” said Western Caucus Chairman Steve Pearce.
    “They started by going after lands with the egregious ‘Wild Lands’ policy and now they are going after water by expanding federal jurisdiction with this guidance. The Administration continues to set a dangerous precedent by circumventing the proper procedures and showing a total disregard for western jobs by its continued push to implement job killing policies,” continued Pearce. 
    The ‘guidance’ will substantively change federal policy with respect to which waters fall under the jurisdiction of the Clean Water Act and significantly increase the scope of the federal government’s power to regulate waters. It will significantly expand the federal government regulatory reach on private property.
     Legislative attempts to expand this authority were met with strong bipartisan resistance in previous Congresses. Last week, a bipartisan letter signed by 170 Members of Congress was sent to the EPA and Army Corp of Engineers expressing serious concerns about the Clean Water Act Guidance and the expansion of federal jurisdiction without following the proper rulemaking process.

And the Washington Post quotes Rep. Mike Simpson, Chair of the Environment Subcommittee of the Appropriations Committee as saying:

“I’m disappointed that the EPA has decided to issue guidance on this contentious issue. . . . I strongly believe that it is the responsibility of Congress through the legislative process, not the EPA through guidance, to determine whether or not waters currently regulated by the states should be subject to federal jurisdiction".

The guidance document can be found here.