The U.S. House voted on H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act, on Tuesday. H.R. 5078 successfully passed the House by a bipartisan vote of 262-152.
The bill prevents the Environmental Protection Agency and the Army Corps of Engineers from expanding their regulatory jurisdiction over ponds, streams, and ditches currently regulated by the states.
On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) released a proposed rule that would assert Clean Water Act (CWA) jurisdiction over nearly all areas with any hydrologic connection to downstream navigable waters, including man-made conveyances such as ditches. Contrary to claims made by the EPA and USACE, this would directly contradict prior U.S. Supreme Court decisions, which imposed limits on the extent of federal CWA authority.
On May 1, 2014, Arizona Congressman Paul Gosar and 230 of his colleagues sent a letter to Gina McCarthy, Administrator of the Environmental Protection Agency, and John M. McHugh, Secretary of the Department of the Army, urging them to withdraw a scientifically and economically flawed rule that would expand the federal government’s role under the Clean Water Act.
Congressional Western Caucus Co-Chair Steve Pearce of New Mexico said, “The EPA and Army Corp of Engineers’ proposed rule for Waters of the United States would have a devastating impact on western communities,” said Chairman Pearce. “Increasing burdensome federal regulations will be extremely harmful for western farmers, ranchers, and small businesses that are already over-regulated by the federal government. The proposed rule is another example of this administration’s continued attempt to unilaterally implement unnecessary federal regulations. H.R. 5078 blocks this blatant federal overreach by prohibiting the implementation of the rule, allowing states and local officials to continue to effectively regulate their own waters. I call on my colleagues in the Senate to support the property rights of western communities and promptly act on this important piece of legislation.”
“Today, the House took action to prevent the Environmental Protection Agency (EPA) and Army Corps of Engineers from blatantly expanding their jurisdiction and imposing a new regulation that runs contrary to state water law, previous Supreme Court decisions and existing compacts,” said Gosar in a statement released after the vote. “If adopted, this proposed rule would yield devastating economic consequences for farmers, ranchers, small businesses and other water users in Arizona and throughout the country. H.R. 5078 rejects the proposed rule to expand the definition of ‘navigable waters’ and this overreach. The bill requires these federal agencies to go back to the drawing board and consult with state as well as other local officials to formulate a proposal that will then be submitted to Congress for approval.”
“This continued push by the EPA to expand their bureaucratic control over waters of the U.S. would be especially harmful for Arizona jobs and rural economies. Additionally, it is unthinkable that the EPA did not conduct the necessary economic assessment on small businesses resulting from the impact of the proposed rule as required by law.”
Gosar played a lead role in checking this government overreach. According to Gosar, he held a meeting in Arizona this past June, which “provided some great insights from real people who will be negatively impacted by the proposed water rule if it is enacted by bureaucrats in Washington D.C.”