U.S. Senate Committee on Environment and Public Works
(Washington, D.C.) - U.S. Senator David Vitter (R-La.), top Republican on the Environment and Public Works Committee, along with U.S. Representative Bill Shuster (R-Pa.), Chairman of the House Transportation and Infrastructure Committee, and other Chairmen and Ranking Members of congressional committees and subcommittees with jurisdiction, submitted comments on the E.P.A. (EPA) and Army Corps of Engineers' (Corps) suggested rule regarding the definition of "waters of the United States" (WOTUS) under the Clean Water Act. The Members ultimately want to stop the rule from being finalized.
"EPA and the Corps must abandon the suggested Waters of the U.S. rule. It presents a grave threat to Americans' property rights, and its finalization will force landowners throughout the country to live with the unending prospect that their homes, farms, or communities could be subject to ruinous Clean Water Act jurisdictional determinations and litigation," wrote the Members.
In the letter, the Members emphasized that the suggested WOTUS rule presents serious federalism concerns since it would call for an extra-constitutional relationship between the federal government and the States in the regulation of local land-use matters.
The suggested WOTUS rule would significantly increase the amount of private property subject to federal control, including timberland, farmland, and innumerable waterbodies and other private lands. Finalizing the rule would allow the federal government to govern virtually any activity impacting an area where water flows, which means federal government permits would be required for all sorts of routine activities - including installing a playground in a backyard or extending a driveway - and would provide a new litigation tool for far-left environmentalists to attack private citizens and businesses. The public review period for WOTUS ends on November 14th.
In October, Vitter joined Senator John Barrasso (R-Wyo.), Ted Cruz (R-Texas), and Republican Leader Mitch McConnell (R-Ky.) in leading 24 Senators in requesting the E.P.A. and the Corps to withdraw the suggested rule. Click here to read more. In September, Vitter penned an op-ed in The Hill entitled, "Drowning our property rights: EPA's misuse of the Clean Water Act." In August, Vitter hosted a field briefing in New Orleans, Louisiana to examine the potential impacts of the suggested WOTUS rule.
The Members signing today's letter include Senator Chuck Grassley (R-Iowa), top Republican on the Senate Judiciary Committee, Senator John Boozman (R-Ark.), top Republican on the E.P.W. Subcommittee on Water and Wildlife, Senator Orrin Hatch (R-Utah), top Republican on the Subcommittee on Oversight, Federal Rights and Agency Actions, Senator Ted Cruz (R-Texas), top Republican on the Subcommittee on the Constitution, Civil Rights, and Human Rights, as well as Representative Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee, Representative Bob Gibbs (R-Ohio), Chairman of the Subcommittee on Water Resources and Environment, and Representative Spencer Bachus (R-Ala.), Chairman of the Subcommittee on Regulatory Reform, Commercial, and Antitrust Law.
Click here to see today's letter and submitted comments.
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