The House Acts To Rein In The EPA
For decades, the states have worked with the federal government to implement, administer, and oversee federal programs ranging from highway infrastructure to Medicaid. The partnership has proven beneficial because each party recognizes its respective roles and responsibilities. One example of a productive partnership between the states and the federal government is the regulation of pollution and water quality.
In 1972, the Clean Water Act was signed into law and established the relationship between the states and the federal government with respect to regulation of our nation’s water supply. The Clean Water Act acknowledges that not all waters need to be subject to federal jurisdiction, and that it is the states’ primary responsibility to regulate waters within their individual borders. The federal government’s authority, which lies within the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps), is limited to “navigable waters.” The Supreme Court has twice reaffirmed the existing law and that these agencies have gone too far in asserting their authority.
Though the partnership is well defined, the Obama Administration has sought to expand the federal government’s role under the Clean Water Act. In April 2014, the EPA and the Corps put forth a proposed rule that seeks to increase the Clean Water Act’s jurisdiction without appropriate regard for the prior Supreme Court cases that place limits on it. This is yet another example of the Obama Administration’s pattern of going around the legislative process to expand its authority. Not only does this executive action undermine the existing federal, state, and local partnership, it will also negatively impact our economy.
That is why this past week, the House of Representatives passed the Waters of the United States Regulatory Overreach Protection Act. This important legislation prevents the EPA and the Corps from moving forward with a proposed rule that redefines and expands the scope of waters subject to federal jurisdiction under the Clean Water Act. It also requires the EPA and the Corps to consult with relevant state and local officials to formulate recommendations for a regulatory proposal that would identify the scope of waters to be covered under the Clean Water Act, and those waters to be reserved for the states to determine how to regulate. Additionally, the EPA and Corps would be required to submit a final report to Congress describing the recommendations for a consensus regulatory proposal. The bill is supported by several organizations and businesses in Ohio, including the Ohio Farm Bureau, Ohio Pork Producers Council, and Ohio Oil and Gas Association.
It is important to note that this legislation does not weaken existing laws to protect our waterways. As a father of three and a citizen of the 16th District, I assure you that the safety and well-being of Ohioans remains an utmost priority. However, I have significant concerns with the Administration’s failure to include states and localities in this rulemaking process and as a former mayor, I know first-hand the unique expertise our local governments provide in protecting our water supply.
I was proud to support the Waters of the United States Regulatory Overreach Protection Act, and I hope to see my colleagues in the Senate act to address the EPA’s broken rulemaking process that is taking power from the states and its localities and putting it into the hands of Washington bureaucrats.
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