Transportation and Infrastructure Committee Chairman Mica and Water Resources and Environment Subcommittee Chairman Gibbs joined their Senate counterparts, Environment and Public Works Committee Ranking Member Inhofe and Water and Wildlife Subcommittee Ranking Member Sessions, in sending this letter to the Environmental Protection Agency and the Army Corps of Engineers. The letter urges the agencies, in light of their plans to undertake a rulemaking to address the scope of federal jurisdiction under the Clean Water Act, to withdraw a draft guidance document that would expand federal jurisdiction based on misinterpretations of legal standards articulated by the Supreme Court and to begin the rulemaking process with an open mind.

The lawmakers express concerns that the agencies may attempt to simply and quickly codify their misinterpretations of the draft guidance into a rule. They state that they will oppose any plans to subvert the proper rulemaking process under the Administrative Procedure Act.