Clean Water Act Expansion

Preventing a Dramatic Expansion of Federal Water Regulations

The America's Commitment to Clean Water Act (H.R. 5088) represents an unprecedented and historic federal jurisdiction grab that could lead to the regulation of every wet area in the country, preempt state and local governments from making many local water and land use decisions, result in endless and costly litigation, and adversely impact the nation's economy.

Proponents of the bill claim the bill simply restores the original scope of the Clean Water Act. While protecting the nation's water resources is a goal shared by all, this bill is not a restoration but a massive expansion of federal authority. 

A previous version of this bill, called The Clean Water Restoration Act, was introduced in the 110th Congress.  Significant concerns over broadening the federal government's authority and opposition from Democrats and Republicans prevented that earlier bill from moving ahead in the Transportation and Infrastructure Committee and in the House of Representatives.  The latest version of the bill raises the same concerns and poses the same problems.  On October 15, 2009, Chairman Oberstar stated that there would be hearings on the new version of the bill, and Republicans look forward to those hearings. 

• Rep. John Mica answers the question "Is legislation needed to protect wetlands and solidify the government's authority under the Clean Water Act?"
• Side-by-side comparison of language in H.R. 5088 (the America's Commitment to Clean Water Act), the Senate bill (S. 787), and the current agency regulations
• Myths versus realities in the debate about H.R. 5088, the America's Commitment to Clean Water Act
• List of entities who have opposed the America's Commitment to Clean Water Act and Clean Water Restoration Act
• Summary of stakeholder concerns with the Clean Water Restoration Act

Press Releases:

• April 21, 2010: Committee Republicans Respond to Reintroduction of Massive Expansion of Clean Water Act
• April 18, 2008: Inhofe, Mica United Against Federal Land Grab Legislation
• April 16, 2008: Unprecedented Federal Jurisdiction Grab Could Lead to Regulation of Every Wet Area in the Country
• October 18, 2007: Redefining Wetlands Could Open Jurisdictional Pandora’s Box
• July 17, 2007: Clean Water Bill May Lead to Massive Expansion of Federal Jurisdiction Say Committee GOP Leaders

Committee Hearings:

• April 16, 2008: The Clean Water Restoration Act of 2007
• July 17, 2007: Status of the Nation’s Waters, including Wetlands, Under the Jurisdiction of the Federal Water Pollution Control Act
• July 19, 2007: Status of the Nation’s Waters, including Wetlands, Under the Jurisdiction of the Federal Water Pollution Control Act, Part II
• October 18, 2007: The 35th Anniversary of the Clean Water Act: Successes and Future Challenges