Washington, D.C. –Alaskan Congressman Don Young and the House of Representatives today approved legislation to halt the Obama Administration’s massive expansion of federal jurisdiction under the Clean Water Act (CWA), which would substantially change federal policy relating to U.S. waters - including ponds, ditches, culverts, and other wet areas – and significantly erode the states’ statutory authority to regulate waters within their own boundaries.
H.R. 1732, the Regulatory Integrity Protection Act, which passed today by a vote of 261 to 155, would effectively overturn proposed rulemaking by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) to broaden its regulatory authority and redefine the “waters of the United States” under the Clean Water Act. Under the jointly proposed rule, the federal governments’ jurisdiction would be dramatically extended over states through the enforcement of:
- illegal discharges
- permitting and reporting requirements
- the Environmental Protection Act, Endangered Species Act, Historic Preservation Act, 401 water quality certifications, and Corps of Engineers 404 permitting
- mitigation projects
“This proposed rulemaking by the EPA and Army Corps of Engineers would have dire consequences for even the most reasonable activity in Alaska,” said Congressman Don Young. “Twice, the Supreme Court ruled that the Constitution and the Clean Water Act places limits on the federal government’s authority to manage these waters. Even after a Democratic led Congress specifically chose not to move forward on changes to federal jurisdiction, this Administration went ahead and circumvented Congress in an attempt to expand the size and scope of the Clean Water Act to unprecedented levels. It’s entirely all too familiar with this Administration; ignoring the will of Congress and a majority of states who have come out in opposition to this decision. They must understand that they cannot and should not exclude state and local governments from this process; any attempt to do so only erodes the Republic we live in.”
Under the 1972 Clean Water Act, Congress established a federal-state partnership to regulate the Nation’s waters – the EPA and the Corps tasked with regulating “navigable waters” and states responsible for the rest. H.R. 1732 moves to uphold the integrity of the federal-state partnership by preserving existing rights and responsibilities established under the CWA.
The Regulatory Integrity Protection Act would require:
- the EPA and the Corps to withdraw currently proposed rulemaking in 30 days;
- the EPA and Corps to solicit recommendations from and consult with state and local officials, stakeholders, and other interested parties when developing a new proposed rule;
- the EPA and Corps to maintain the federal-state partnership in implementing the Clean Water Act, and take into consideration state and local input regarding geography, hydrology, and legal frameworks;
- a new proposed rule to be consistent with the Clean Water Act, Supreme Court rulings, and recommendations from state and local officials, and stakeholders.
Alaska is home to more than three million lakes, twelve thousand rivers, thousands of streams, creeks, and ponds, and more coastline than the other 49 states combined. Currently, 40 percent of Alaska is classified as wetlands and Alaska contains 63 percent of the total wetland acreage in the United States (excluding Hawaii). Even without the proposed WOTUS expansion, the Clean Water Act will continue to play a significant role on the economy, transportation infrastructure, and development of Alaska.
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