CQ Roll Call - Appropriator Says Omnibus Could Stop Water Rule

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By Ellyn Ferguson

Mike Simpson, chairman of the House Appropriations Energy and Water subcommittee, is mulling language for an omnibus spending bill that would block implementation of the proposed Waters of the United States rule.

"I think we may get the national waters language because there are Republicans and Democrats who are opposed to what the EPA is doing," Simpson told CQ Roll Call's Tamar Hallerman in an interview Thursday.

Simpson may be referring to language in House-passed legislation (HR 5078) by Rep. Steve Southerland II of Florida. The bill would prohibit the EPA and the Army Corps of Engineers from taking any action related to the proposed regulation.

Simpson, R-Idaho, said blocking the rule is among several possible actions appropriators are highlighting to garner support from rank-and-file members for an omnibus spending bill through Sept. 30, 2015. A short or long-term continuing resolution would only address spending, not policies, Simpson said.

"There are a lot of people who in previous years agreed with us but it was not a high priority item because it was a theory about what [EPA] was going to do," Simpson added. "But it was just theory. Now the rule is out and people are fired up about it."

He said House Appropriations Chairman Harold Rogers of Kentucky is particularly concerned about the proposal.

The EPA closes the public comment period Friday on the proposed rule. Under the usual process, the agency would review comments and perhaps make adjustments before issuing a final regulation by the spring of 2015.

Opponents say the pending regulation would greatly expand the reach of the EPA and the Army Corps of Engineers under the Clean Water Act (PL 95-217).

Outdoors Enthusiasts Back Water Rule. Organizations representing hunters and anglers support EPA and the Corps' steps to protect wetlands and headwater streams important to fish habitat and clean drinking water for humans.

More than 200 groups sent a letter Thursday to EPA Administrator Gina McCarthy and Assistant Army Secretary for Civil Works Jo-Ellen Darcy commending their efforts. The National Wildlife Federation, the Theodore Roosevelt Conservation Partnership and Trout Unlimited were among the signers. The signers' assessment differs from agriculture groups that argue that farmers, and therefore rural areas, could be financially harmed by the proposed regulation.

"When wetlands are drained and streams are polluted, it imperils America's hunting and fishing economy -- which accounts for over $200 billion in economic activity each year and 1.5 million jobs. These impacts are felt by rural communities in particular," the organizations argued. "The current rulemaking is our best chance to restore protections for streams, wetlands and other waters critical to our hunting and fishing traditions and outdoor economy."

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