Daines Leads Successful Effort Against EPA Overreach

Press Release

Date: July 16, 2014
Location: Washington, DC

Representative Steve Daines today announced that following his urging, the Environmental Protection Agency (EPA) will reverse its overreaching claim of authority to unilaterally garnish wages of those the agency accuses of violating its rules.

Last week, Daines led 29 House members in calling on the EPA to reverse its claim and respect Montanans' right to due process. Today, The Hill reported that the EPA will publish a notice tomorrow to rescind the rule "due to the receipt of adverse comments."

"The EPA's claim that they have the power to decide if the accused can even present a defense before the agency garnishes their wages is a violation of Americans' due process rights. I'm glad that the EPA has heeded my call and that of the American people and reversed this senseless decision," Daines said. "Federal agencies are not above the law and must respect the Constitutionally guaranteed rights of all Americans."

In a letter to EPA Administrator Gina McCarthy last week, Daines noted the Constitutional concerns surrounding the EPA's decision.

"The process for challenging fines and wage garnishment is not satisfactory because it allows the agency to decide if the accused can even present a defense," Daines wrote. "I ask that you reverse your decision and not follow through with this rule and by doing so, respect the right to due process under the law that is guaranteed to all Americans by the Constitution."

The agency quietly announced the rule earlier this month in a notice in the Federal Register and had fast-tracked the rule to take effect on September 2, unless it received sufficient opposing comment from the public.

Daines has long fought to protect Montanans from EPA overreach. He has introduced legislation to increase oversight of the agency and curtail its power to unilaterally impose job-killing regulations on Montana's energy industry.


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