U.S. House Transportation and Infrastructure Committee Member Jeff Landry (Republican, LA-03) and 169 fellow Members of Congress have written to the Army Corps of Engineers and the Environmental Protection Agency, in opposition to the agencies' attempt to evade the proper regulatory process in order to dramatically expand the Clean Water Act. This letter follows the Corps and EPA sending the "Clean Water Protection Guidance" to the Office of Management and Budget for regulatory review.
"The President and his unelected bureaucrats are once again attempting to change the rules as the game is being played to ram their radical agenda down the throats of the American people," said Landry. "By the Corps and EPA' own admission, their "Guidance' will substantively change federal policy and significantly increase the scope of the federal government's reach to regulate waters."
"I was elected to shrink the government and make it more efficient," continued Landry. "My letter today calls for the President and his Administration to end their de facto "land grab,' through the Clean Water Act. My fight for our farmers and job-creators will continue until the Corps and EPA work with our local elected officials and business leaders to ensure proper, transparent and effective rule-making."
In reference to the Administration's refusal to follow the transparent rulemaking process dictated by the Administrative Procedures Act (APA), Congressman Landry said: "Everybody knows to be wary of efforts being pushed by unelected bureaucrats; however, when the unelected bureaucrats try to push through a rule change without even consulting with the other unelected bureaucrats, the public should be downright frightened."
If enacted, the Administration's "Guidance" will reverse decisions by the United States Supreme Court that recognized limits to the federal government's regulatory authority and will undermine the long-standing federal-state partnership in the regulation of waters. This expansion of jurisdiction will result in confusion, permitting delays, and added costs and burdens for communities, farmers, small businesses, industries and other Americans. Already, the average Clean Water Act permit costs $272,000 in preparation costs and takes two years for approval; the expansion sought by the Administration will increase these costs and compound these delays.
The APA sets standards for the activities and rule making of all federal regulatory agencies, and is designed to ensure those federal agencies use open, uniform, and fair procedures. The requirements of the APA are not mere formalities.