Sullivan Presses EPA Administrator on Proposed “Waters of the United States” Rule
WASHINGTON, D.C. -- The Senate Committee on Environment and Public Works and the House Committee on Transportation and Infrastructure today held a joint hearing to review the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers’ (Army Corps) jointly proposed rule to redefine what are “waters of the United States” under the Clean Water Act (CWA).
Given the significant amount of waterways and wetlands in Alaska already subject to regulatory requirements under the CWA, Senator Dan Sullivan (R-AK) took the opportunity to question the EPA’s authority to broaden the definition of the “waters of the United States” without the consent of Congress, and requested that the EPA withdraw this proposed rule and start over.
Citing recent U.S. Supreme Court cases, Sen. Sullivan told EPA Administrator McCarthy that “I don’t think this is a close call. I don’t think the EPA has the power to issue this regulation under the Constitution and the statute. I think you are trying to change the statute that clearly is a power that belongs to Congress. I want to work with you, but I want to request that you withdraw this regulation and start over,” said Sullivan.
(Click to watch Sen. Sullivan question EPA Administrator McCarthy)
Alaska is home to 63% of the nation’s jurisdictional waters (those waters subject to CWA regulatory requirements), and 65% of the nation’s wetlands. In total, 43% of Alaska’s lands are already considered wetlands. Under this rulemaking, these totals will certainly increase. The Resource Development Council for Alaska has predicted they could increase by as much as 40%.
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