Hearing on Waters of U.S. Rule, Bill Focuses On EPA Authority to Interpret Jurisdiction

摘要

The question of whether the Environmental Protection Agency or Congress has the authority to interpret the geographic scope of Clean Water Act protections was debated at a Senate hearing May 19 as the Obama administration prepares to release its rule to clarify the reach of the law. The Senate Environment and Public Works Subcommittee on Fisheries, Water and Wildlife heard testimony about legislation (S. 1140) directing the EPA and the U.S. Army Corps of Engineers to rewrite the so-called waters of the U.S. rule (RIN No. 2040-AF30). The joint rulemaking at issue seeks to clarify the scope of Clean Water Act jurisdiction over waters and wetlands consistent with U.S. Supreme Court and associated appellate opinions.