Mica & Gibbs Respond to Administrations Release of Guidance on Clean Water Act Expansion
Washington, DC – Transportation and Infrastructure Committee leaders responded today to the release of the Obama Administration’s so-called guidance for enacting a dramatic federal jurisdiction grab and expansion of the Clean Water Act.
Mica, Gibbs and 168 other House Republicans and Democrats recently wrote to EPA and the Corps of Engineers to express their concerns that the agencies are circumventing the proper regulatory process in order to push through this expansion of federal jurisdiction.
“Through this guidance, the Administration is clearly attempting to redefine wetlands, expand the federal government’s authority over states and private individuals, and enact its economically stifling agenda,” said U.S. Rep. John L. Mica (R-FL), Chairman of the Transportation and Infrastructure Committee.
“After our letter exposed the Obama Administration’s attempt to sidestep transparency, I am extremely disappointed to learn that almost half of the House of the Representatives’ request that they reconsider this so-called ‘guidance document’ was totally ignored,” said U.S. Rep. Bob Gibbs (R-OH), Chairman of the Water Resources and Environment Subcommittee. “I will hold Congressional hearings on this issue, and will work with Chairman Mica to call further attention to the EPA’s practice of circumventing the regulatory process by imposing costly, burdensome de facto rules disguised as mere advisory guidelines so that this blatant disregard for Congressional intent will be put to an end.”
By the agencies’ own admission, the so-called guidance released 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. The entire letter can be viewed here.
Legislative proposals to expand federal regulatory authority under the Clean Water Act met with stiff bipartisan resistance in previous Congresses. Now the Administration is attempting to achieve the same objective and redefine the federal government’s jurisdiction over waters and property rights through so-called guidance.
The effect of the guidance will be to reverse decisions by the United States Supreme Court that recognized limits to the federal government’s regulatory authority, and to undermine the long-standing federal-state partnership in the regulation of waters. This expansion will result in confusion, permitting delays, and added costs and burdens for communities, farmers, small businesses, industries and other Americans.
The Administration has issued this so-called guidance before conducting any rulemaking, which violates the principles of the Administrative Procedure Act (APA) and the intent of Congress in enacting this law. The APA sets the standards for the activities and rule making of all federal regulatory agencies, and is designed to ensure those federal agencies use open, uniform, and fair procedures. The requirements of the APA are not mere formalities.
In unilaterally developing its guidance, the Administration has ignored calls from state agencies and environmental groups, among others, to proceed through the normal rulemaking procedures, and has avoided consulting with the states, which are the federal agencies’ partners in implementing the Clean Water Act. Only now is it seeking public comment on its fully formed policy.