Friday, April 04, 2014

Lawmakers push EPA for more time on water rule

Industry groups and more than a dozen GOP senators are urging the Obama administration to reconsider plans to regulate many of the nation's streams and wetlands, saying the proposed rule hurts economic activity and oversteps legal bounds. In a letter Thursday, the senators faulted the Environmental Protection Agency for announcing a proposed rule last week before the government's peer-reviewed scientific assessment was fully complete. They are calling on the government to withdraw the rule or give the public six months to review it, rather than the three months being provided. The senators' move puts them among several groups — from farmers and land developers to Western governors worried about drought management — in expressing concern about a long-running and heavily litigated environmental issue involving the Clean Water Act that has invoked economic interests, states' rights and presidential power. The letter was led by Sen. Pat Toomey, R-Pa., and signed by 14 other GOP senators. "We believe that this proposal will negatively impact economic growth by adding an additional layer of red tape to countless activities that are already sufficiently regulated by state and local governments," the letter to EPA chief Gina McCarthy said. At issue is the federal Clean Water Act, which gives the EPA authority to regulate "U.S. waters." Two Supreme Court decisions in 2001 and 2006 limited regulators' reach but left unclear the scope of authority over small waterways that might flow intermittently. Landowners and developers say the government has gone too far in regulating isolated ponds or marshes with no direct connection to navigable waterways. Some 36 states, including Pennsylvania, have legal limitations that prevent the EPA from regulating waters not covered by the Clean Water Act, according to the Environmental Law Institute...more

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