Waters of the United States Regulatory Overreach Protection Act of 2014
Floor Speech
The House in Committee of the Whole House on the state of the Union had under consideration the bill (H.R. 5078) to preserve existing rights and responsibilities with respect to waters of the United States, and for other purposes:
Mr. VAN HOLLEN. Mr. Chair, I rise in opposition to H.R. 5078, a bill that would prevent the Army Corps of Engineers and Environmental Protection Agency from clarifying protections for drinking water under the Clean Water Act.
Today's legislation would prohibit the Army Corps and EPA from continuing proposed action to ensure that the streams and wetlands that feed our waterways and provide drinking water for millions of Americans are protected from pollution. In 2001 and 2006, Supreme Court decisions created confusion about precisely which upstream tributaries were covered by the law. Subsequent policy guidance only increased legal uncertainty and undermined efforts to protect drinking water for more than 117 million Americans, including more than 26 million residents in the Chesapeake Bay watershed.
In response to this confusion, the Army Corps and EPA have proposed a rule that would clarify which waters must be protected in order to safeguard public health and resources, and are currently seeking comments from stakeholders. Their proposal protects waters that have historically been covered by the Clean Water Act while continuing exemptions for agriculture. The bill on the floor today would not only shortcut the public comment process and withdraw the proposed rule, but would also prohibit the Army Corps and EPA from clarifying the regulation in the future.
For too long, legal uncertainty around the Clean Water Act jurisdiction has jeopardized the health of drinking water and created confusing delays for industry as they struggle to determine their responsibility under the law. Congress should allow this rulemaking to go forward to develop a clear, practical standard that restores protections to our communities. I urge a no vote on the bill.
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