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The Senate Has Passed a Resolution to Stop the EPA’s Water Rule: Now It’s the House’s Turn


The Senate has passed a Congressional Review Act disapproval resolution to repeal the Environmental Protection Agency (EPA) and Army Corp of Engineers’ water rule that would seek to regulate almost every water “body” in the nation. The vote was 53-44.

The House needs to follow suit.

The Congressional Review Act creates an expedited process for the disapproval of regulations. The filibuster doesn’t apply to the disapproval resolution in the Senate so long as certain time requirements are met. This resolution, if enacted into law, would rescind the EPA and Army Corps’ rule and prohibit the agencies from developing a rule that is substantially the same.

Unfortunately, President Obama has already issued a veto threat regarding this resolution.

This rule is so flawed and widely despised that the president should stop digging in to defend the rule and instead show leadership by recognizing its fatal flaws.

If this rule is killed, the agencies can still go back to the drawing board and develop a new rule, one that seeks to promote better water quality by working with states not against them. They can develop a rule that doesn’t ignore the law, states, and property rights.

This current rule fails on numerous fronts.

It’s extremely expansive and would cover waters from certain man-made ditches to “streams” that are dry land almost all year except after a major rainstorm.

The rule is extremely vague. This helps give the agencies flexibility to effectively make things up as they go along, so they can regulate whatever they deem fit. This may be nice for agencies that want control and power, but it’s very troubling for property owners who need clarity and predictability in order to properly comply with the law.

It ignores the express role that states are supposed to have under the Clean Water Act to protect our nation’s waters. Further, the rule would trample on property rights by making it more difficult for property owners to engage in even ordinary activities such as farming.

Not surprisingly, attorneys general and agencies from 31 states are suing the federal government. Counties, farmers, ranchers, home builders, manufacturers, and small businesses are opposed to the rule. That’s just some of the opposition.

The Senate has done its part and now the House must do the same. Legislators also need to address the rule in the upcoming omnibus appropriations bill.

To be perfectly clear, this specific rule is the problem. The disapproval resolution rejects the rule, but quite simply, in doing so, it creates an opportunity for the agencies (and preferably Congress) to properly define what waters should be covered under the law.

The post The Senate Has Passed a Resolution to Stop the EPA’s Water Rule: Now It’s the House’s Turn appeared first on The Daily Signal.

 if the watchman sees the sword coming and does not blow the trumpet, and the people are not warned, and the sword comes and takes any person from among them, he is taken away in his iniquity; but his blood I will require at the watchman’s hand.


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