House Aims to Rein in EPA Water Jurisdiction

The U.S. House of Representatives passed the Clean Water Cooperative Federalism Act (H.R. 2018) Wed., July 13, 2011, by a vote of 239-184. This legislation is designed to protect states from the Environmental Protection Agency (EPA) imposing unnecessary federal standards on states for water quality under the Clean Water Act (CWA).  

By imposing a federal standard, the EPA undermines the intent of the CWA to allow states to determine their own specific standards. H.R. 2018 keeps in check the EPA and ensures the proper federal-state regulatory balance to prevent unnecessary economic harm to small businesses, family farmers, and local governments.

The American Farm Bureau Federation joined a coalition of 121 organizations representing a broad cross-section of the economy, in support of the bill. The groups noted that EPA has asserted its control as the sole arbiter of evolving CWA permitting requirements and standards, jeopardizing more than $220 billion of annual economic activity.

National Cattlemen’s Beef Association Deputy Environmental Counsel Ashley Lyon said under the Clean Water Act, states have primary responsibility for protecting waterways after EPA signs off on their plans. Unfortunately, according to Lyon, EPA approves a state’s plan for protecting U.S. waters and then reverses its decision by proposing “burdensome and scientifically unfounded regulations.” The best example is in Florida where EPA approved the state’s plan and then unilaterally proposed federal standards, preempting the state’s right to develop its own scientifically-based water quality criteria.

“EPA is out of control and often acts as activists rather than a taxpayer-funded government agency that is expected to use sound science when imposing regulations. We cannot allow EPA to jeopardize economic growth by placing opinions over science,” said Lyon. “We fully support this bipartisan legislation and oppose any effort to veto this commonsense bill.”

H.R. 2018 was sponsored by Representatives John Mica (R-Fla.) and Nick Rahall (D-W.Va.) as a way to restore cooperation between the federal government and the states. Lyon said this legislation would stop EPA from running “roughshod” over states’ science-based policies. She said EPA’s actions would likely result is lost jobs and economic hardship in many states that are already struggling. As a result of an amendment offered by Rep. Shelley Moore Capito (R-W.Va.), which passed 268-152, the legislation would also require EPA to consider the impact of its decisions on jobs and economic activity.

“EPA proposes regulation after regulation with little consideration of the impact these regulations have on jobs in the United States. EPA admits that the impact on jobs is not analyzed before proposing regulations,” said Lyon. “This is unacceptable and we commend the 239 policymakers for standing up for U.S. agriculture, rural America and the entire U.S. economy. This legislation would uphold the foundation of the Clean Water Act by restoring the partnership between states and the federal government." 

The Sierra Club said the bill “severely limits the federal government’s ability to protect waterways, and seeks to return the country to an era of inconsistent and ineffective state water safety standards without a federal safety net.”