On Tuesday, the Senate Environment and Public Works Committee held a hearing on “The Federal Water Quality Protection Act” (S 1140). This bill, cosponsored by both Republicans and Democrats, would require the Environmental Protection Agency (EPA) and the Army Corps of Engineers to redraft the current proposed rule regarding Waters of the U.S. During the hearing, Republicans on the Committee argued that the rule represents a vast expansion of federal Clean Water Act jurisdiction, would have major economic implications, and was promulgated without proper consultation with state and local officials. Additionally, Republicans discussed the issues that were raised in a New York Times article this past weekend that EPA may have lobbied Congress regarding the rule, which federal agencies are not allowed to do. While the rule is still being considered at the Office of Management and Budget, it could be finalized and released any day.
