Young Condemns Administration’s Massive Expansion of Federal Jurisdiction Under Clean Water Act

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Washington, D.C. – May 28, 2015 – (RealEstateRama) — Alaska Congressman Don Young today released the following statement in response to the Obama Administration’s massive expansion of federal jurisdiction under the Clean Water Act through the release of a final rule redefining the “Waters of the United States” (WOTUS).

“There’s a saying – a government big enough to give you everything you want is big enough to take away everything you have. This Administration’s rulemaking is exactly one of those instances. They honestly believe they know what’s best and therefore are entitled to ignore the will of Congress, the people, and a majority of states by finalizing this unprecedented expansion of federal jurisdiction over states and private property.

“With more than three million lakes, twelve thousand rivers, thousands of streams, creeks, and ponds, the Clean Water Act already has monumental impacts on the economy, transportation, and development of Alaska. This rule significantly expands that scope and authority, one I believe is already too broad.

“With the current challenges of economic development across the country, unilaterally redefining the “waters of the United States” will do more damage and cause more confusion.  Oil and gas operations, road transportation projects, mining, and even some of the most basic types of activity undertaken where permafrost or seasonal wet areas exist, will in all likelihood become subject to federal jurisdiction – even if these waters never reach ‘navigable waters.’  With a need for more permits nationwide, the Corps and the EPA will have an increased workload which will lead to permitting delays.  The end result: more litigation, higher costs for construction projects and resource development, and prolonged delays. 

“Twice the Supreme Court has affirmed that both the U.S. Constitution and the Clean Water Act place limits on federal authority to manage these waters, and Congress declined to alter that careful balance between federal and state regulation.  Yet, this Administration has substituted its own judgment for that of Congress by unlawfully expanding the scope of federal jurisdiction beyond anything that has ever existed under the Clean Water Act.

On May 12, 2015, the House of Representatives passed H.R. 1732, the Regulatory Integrity Protection Act, by a vote of 261 to 155. The legislation, cosponsored by Congressman Young, overturns the EPA and U.S. Army Corps of Engineers’ rule to broaden its regulatory authority under the Clean Water Act and requires the development of a new rule with the consultation of state and local officials, stakeholders, and other parties, in addition to maintaining the federal-state partnership established under the 1972 Clean Water Act.

Click here for more information on the House’s efforts to overturn the Administration’s “waters of the United States” rule.

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