• U.S. House Committee and Wyoming Governor Questions EPA Proposed Definition of “Waters of the United States”
  • August 7, 2014
  • Law Firm: Holland Hart LLP - Denver Office
  • Congressional members and Wyoming Governor Matt Mead recently urged the Environmental Protection Agency (EPA) to withdraw a proposed rule that seeks to re-define “waters of the United States,” a term that describes EPA and U.S. Army Corps of Engineers jurisdiction under the Clean Water Act (CWA).

    Democratic and Republican members of the U.S. House of Representatives Small Business Committee said the EPA failed to consider the economic impact the proposed rule could have on small businesses. Republican members also said the proposed definition, which uses words such as “adjacent” and “riparian area,” does not clearly convey what waters would be covered under the CWA and related regulations.

    Governor Mead called the rule “expansive, obtrusive, expensive and substantive,” saying the definition would extend “well beyond the Congressional purpose and intent of the Clean Water Act.” He also suggested the rule would expand the federal government’s role in farming and ranching activities.

    The EPA extended the period for public comment to October 20, 2014. More information on the rule, and instructions on how to submit comments can be found at https://federalregister.gov/a/2014-14674.