Copyright: Kajano
This week, the House addressed the controversial and soon-to-be-finalized “waters of the U.S.” (WOTUS) rule that was jointly proposed by the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps). The issue was taken up as part of the Energy and Water Development Appropriations Act, which contains a provision that prevents the Corps from spending funds on the rule. The WOTUS rule would significantly increase the permitting requirements, and associated costs, for property owners and developers without necessarily resulting in improved water quality.
The House is also expected to consider the “Regulatory Integrity and Protection Act” in the coming weeks. The legislation directs the EPA and Corps to withdraw the proposed WOTUS rule and re-draft a rule in accordance with legal requirements. This includes consulting with state and local officials and small businesses.
NMHC/NAA is strongly supporting the bill and is also running ads in both The Hill and Politico this week.
More than a million comments were received on rule, including from 34 states that strongly objected to aspects of the rule. EPA and Corps officials testifying a Congressional hearing this week declined to consider the withdrawal and subsequent clarification that a re-proposed rule could offer for stakeholders. The White House has threatened to veto the bill.
A bipartisan group of Senators also introduced the “Federal Water Quality Protection Act” on April 30. The Waters Advocacy Coalition, of which NMHC is a member, has gone on record in support of the bill. The legislation is the culmination of months of work on the part of lawmakers to address concerns about the WOTUS rule. The bill includes procedural requirements similar in scope to those included in the bill being considered by the House.