July 16, 2014

More EPA spin on "waters of the United States"

By M. Reed Hopper Senior Attorney

We have documented here and here how the EPA is misrepresenting its proposed rule to redifine “navigable waters” under the Clean Water Act.  The Administration unabashedly claims the new rule is compelled by Supreme Court decisions interpreting the Act and that the rule will not expand the government’s jurisdiction.  But this is utter nonsense, which only the uninformed believe.  So we give kudos to the Senate Environment and Public Works Committee for calling the EPA on its blatant misrepresentations.

Yesterday, the committee issued an interesting Fact Check showing how the actual language of the rule is contrary to the EPA’s claims about the rule, including such claims as;

The rule does not regulate new types of ditches;

The rule does not regulate activities on land;

The rule does not apply to groundwater;

The rule does not affect stock ponds;

The rule does not require permits for normal farming activities; and,

The rule does not regulate puddles.

The Fact Check is revealing.  Check it out here.

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