U.S. House of Representatives Pass Bill to Halt Land Grab

WASHINGTON, D.C — The House of Representatives has passed H.R.5078 Waters of the United States Regulatory Overreach Act of 2014 with a bipartisan vote of 262-152. The legislation is an attempt to halt the Environmental Protection Agency and U.S. Army Corps of Engineers proposed “Waters of the United States” regulation.

“The proposed WOTUS regulation by EPA and the Corps is a thinly veiled land grab attempt by the federal government,” according to Ed Luttrell, President of the National Grange.  “Recently released maps by the EPA show that virtually every farmer, rancher and landowner would be adversely impacted by this regulation.”

The proposed rule has come under fire because of its breadth of jurisdiction.  Among other things, all perennial, intermittent and ephemeral streams would be part of the rule because they are considered tributaries that are “physically and chemically connected” downstream to traditional navigable waters.

“This Legislation is necessary because, in my view, the EPA does not seem to understand the real world effects these regulations will have on farmers across the country,” according to House Agriculture Committee Ranking Member Colin Peterson, D-Minn.  The bill’s original sponsor, Representative Steve Southerland, R-FL, citing the proposed regulation as the very definition of regulatory creep, said “This (regulation) really facilitates a capture of private property using the Clean Water Act and this onerous authority as a tool for imminent domain.”

The Senate is not expected to consider a WOTUS bill until after the November elections. Over 30 senators have sponsored legislation similar to the House-passed version.  The White House has threatened a veto.  Grange members are encouraged to contact their senators during the upcoming October election cycle recess and ask them to vote for legislation to curtail the EPA and Corps regulatory overreach on water in the lame duck (November-December) session of Congress.

Established in 1867, The National Grange, a nonpartisan, nonprofit fraternal organization, is the oldest agricultural and rural community service organization. With more than 2,100 local chapters, the Grange has evolved into the nation’s leading rural advocacy organization and a major benefactor to local communities. There are about 140,000 members across the United States.

UPDATE: Nation’s Top State Agriculture Officials Call on EPA to Scrap “ Waters of the U.S.” Proposed Regulation

Members of the National Association of State Departments of Agriculture (NASDA) voted unanimously at their recent annual meeting to petition EPA and the Corps of Engineers to withdraw the proposed “Waters of the U.S.” rule.  NASDA joins the National Milk Producers Federation (NMPF), Public Lands Council (PLC), National Cattlemen’s Beef Association (NCBA),  American Farm Bureau Federation (AFBF) and other agricultural organizations in calling for the withdrawal.  Several agricultural groups have compiled a series of new maps to demonstrate the far-reaching effects of EPA’s proposal.   In an interesting counter development, a group of small craft brewers, coordinated by the Natural Resources Defense Council (NRDC), are rallying behind EPA’s proposal.

UPDATE: Tidal Wave Heads for EPA’s Waters of the U. S. Regulation

Reaction to the EPA and Corps of Engineers proposal to expand regulatory jurisdiction to all waters of the U.S. is growing into a tsunami of resistance.

This week the Small Business Administration’s Office of Advocacy sent a formal letter to EPA Administrator Gina McCarthy and the Corps Maj. Gen. John Peabody urging them to withdraw the proposed rule. The SBA Office of Advocacy says the proposed rule is in error because:

1. The Agencies use the incorrect baseline for Regulatory Flexibility Act certification
2. The rule imposes costs directly on small business
3. The rule will have significant economic impact on small business
4. The limited economic analysis which the agencies submitted with the rule provides ample evidence of a potentially significant economic impact
5. The Office of Advocacy advises the agencies to withdraw the rule

In other action this week,  coalition of 63 business group members of the Waters Advocacy Coalition sent a nine-page letter to McCarthy and Secretary of the Army John McHugh outlining their “serious concerns” such as:

1. The agencies continue to issue new explanations throughout the comment period creating a moving target for public comment
2. Separate from the proposed rule-making, the agencies are redefining the “ordinary high water mark” without the required public notice and comment
3. The Scientific Advisory Board has raised serious concerns with significant components of the proposed rule
4. EPA maps that rely on U.S. Geological Service data depict only a portion of the land and waters subject to the proposed rule
5. The agencies have failed to engage the States and the small business community