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Rep. Gosar Votes to Prevent Harmful EPA Water Grab

WASHINGTON, D.C. - Today, U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after the House voted on H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act. H.R. 5078 successfully passed the House by a bipartisan vote of 262-152:

For Immediate Release
Date: Sept. 9, 2014

 

Contact: Steven D. Smith
Steven.Smith@mail.house.gov

 Today, U.S. Congressman Paul A. Gosar, D.D.S. (AZ-04) released the following statement after the House voted on H.R. 5078, the Waters of the United States Regulatory Overreach Protection Act. H.R. 5078 successfully passed the House by a bipartisan vote of 262-152:

“Today, the House took action to prevent the Environmental Protection Agency (EPA) and Army Corps of Engineers from blatantly expanding their jurisdiction and imposing a new regulation that runs contrary to state water law, previous Supreme Court decisions and existing compacts. If adopted, this proposed rule would yield devastating economic consequences for farmers, ranchers, small businesses and other water users in Arizona and throughout the country. H.R. 5078 rejects the proposed rule to expand the definition of “navigable waters” and this overreach. The bill requires these federal agencies to go back to the drawing board and consult with state as well as other local officials to formulate a proposal that will then be submitted to Congress for approval.

“This continued push by the EPA to expand their bureaucratic control over waters of the U.S. would be especially harmful for Arizona jobs and rural economies. Additionally, it is unthinkable that the EPA did not conduct the necessary economic assessment on small businesses resulting from the impact of the proposed rule as required by law. I am proud to have played a lead role in checking this government overreach and alerting the American public to this critical issue. The hearing I held in Arizona this past June provided some great insights from real people who will be negatively impacted by the proposed water rule if it is enacted by bureaucrats in Washington D.C.

“I am encouraged by today’s action in the House and I am committed to restraining this administration from imposing its agenda through regulatory and bureaucratic fiat." 

Background:

On March 25, 2014, the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) released a proposed rule (found HERE) that would assert Clean Water Act (CWA) jurisdiction over nearly all areas with any hydrologic connection to downstream navigable waters, including man-made conveyances such as ditches. Contrary to claims made by the EPA and USACE, this would directly contradict prior U.S. Supreme Court decisions, which imposed limits on the extent of federal CWA authority.  Although the agencies have maintained that the rule is narrow and clarifies CWA jurisdiction, it in fact aggressively expands federal authority under the CWA while bypassing Congress and creating unnecessary ambiguity.  Moreover, the rule is based on incomplete scientific and economic analyses.

On May 1, 2014, Rep. Gosar and 230 of his colleagues sent a letter to Gina McCarthy, Administrator of the Environmental Protection Agency, and John M. McHugh, Secretary of the Department of the Army, urging them to withdraw a scientifically and economically flawed rule that would expand the federal government's role under the Clean Water Act. The full text of that letter can be found HERE.

The press release following the June 2, 2014, joint field hearing hosted by Rep. Gosar, including highlights from Arizona witnesses expressing their opposition of the proposed EPA definition of navigable waters can be found HERE. Video of Congressman Gosar’s remarks at the hearing can be found HERE.

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