Expansion of Clean Water Act Would Undermine Private Property Protections (December 2009) PDF Print

This week I joined several of my colleagues in both the House and Senate in sending a letter to Senate Majority Leader Harry Reid and House Speaker Nancy Pelosi requesting that they not take up proposed legislation that would expand the Clean Water Act by replacing the phrase “navigable waters” with simply “waters of the United States.” This damaging legislation would drastically expand the federal government's ability to regulate private property by giving the Corps of Engineers and Environmental Protection Agency virtually unlimited authority over any standing water or hydrologic connection in the country.

I am deeply concerned by this Congress’ ever-increasing push towards bigger government and increased regulation. This effort to expand the Clean Water Act in such a dramatic and unprecedented fashion represents one of the most significant intrusions on private property rights in history by possibly making the Corps and the EPA America’s central land-use authorities. Not only does it fly in the face of the Constitutional protections of private property and Constitutional limitations on the reach and authority of the federal government, it would slow our economy during these very difficult times by killing jobs and further delaying critical infrastructure projects. I urge Congressional Democrats to consider the serious negative effects of pursuing this bill and instead look for positive solutions to our nation’s water issues.