|
We reported that the Environmental Protection Agency released its final version of WOTUS (Waters of the United States). This ruling was supposed to have been accomplished in conjunction with the U.S. Army Corps of Engineers.
It has been reported, by numerous sources, that EPA was using flawed technical and scientific analysis to justify the regulation - methods so indefensible that the Corps wanted no part of the critical documents that EPA used to support the rule.
A House Committee released internal Corps documents and a letter from the Corps to EPA. The Corps states that the final rule "continues to depart significantly from versions provided for public comment". The Corps says its most serious concerns were unaddressed and that the rule "contradicts long-standing and well established legal principles undergirding the Clean Water Act Section 404 regulation policies". The Corps also comments that it is not accurate that both agencies reached the same conclusion and stand behind the final rule.
This new information is yet another example of how EPA has flaunted the law in issuing rulings with disregard of the facts and science.
EPA must pull back its plans to change the way the Clean Water Act is enforced and how "Waters of the United States" are defined. The scientific and economic justifications EPA used to support the broad regulatory definitions in this rule - already a new low in federal regulatory overreach - have turned out to be unjustifiable. They are in contradiction of the Corps' recommendations and the Corps is in charge of jurisdictional decisions and issuing permits pertaining to this ruling.
By ignoring stakeholders and willingly choosing which regulations to follow, EPA has not only made a mockery of the regulatory process, but it is impeding our nation's recovery and economic growth.
So far there are over 70 plaintiffs, including 27 states, who have filed lawsuits in 8 federal district courts, in objection to this ruling.
| 
