Perspective: Troubled EPA "waters'

In the nearly six years since the Obama Administration took office, thousands of new regulations have been issued by various federal agencies. This week, I'm going to highlight just one regulation from just one federal agency: the Environmental Protection Agency's (EPA) "Waters of the United States" rule. Please keep in mind, however, that this is just one example of one rule from one agency. If you think about the impact that this one regulation will have, and the fact that thousands have been issued in the last six years, it illustrates why many people say that our economy and our country are getting buried under an avalanche of red tape.

The EPA, created to protect human health and the environment, has issued approximately 2,800 new regulations under the Obama Administration. Earlier this year, the EPA and the Army Corps of Engineers proposed a rule that would revise the definition of "waters of the United States" in all sections of the Clean Water Act.

To simplify, the EPA wants to expand the scope of the Clean Water Act on small businesses and farmers by effectively taking out the word "navigable" from "navigable waters" and thereby extending its authority to just about any body of water, no matter how big or how small, as long as it is "hydrologically connected." In effect, the minute a drop of rain touches a pond, well, ditch, stream bed, or even puddle, the EPA could claim the right to regulate it.

I had the opportunity to voice my opposition to this rule and share my concerns about it with the Deputy EPA Administrator when he appeared before the House Small Business Committee. Not only does the EPA not have a good reason for trying to implement this rule in general, but the agency also failed to go through a legally required review process in which concerns about the impact of the rule specifically on small businesses could be raised. This is the epitome of government run amok.

One particular organization, the Missouri Farm Bureau Federation, is on the ground talking to farmers, ranchers, landowners, small business folks, and concerned citizens throughout the state about what kind of negative impact this rule would have on our state and its people.

Missouri Farm Bureau President Blake Hurst offered this insight to the proposed rule: "Billed as an attempt to clarify Clean Water Act jurisdiction, the "Waters of the U.S.' proposal would do just that, but by significantly expanding the reach of the EPA and Army Corps of Engineers - to the detriment of state and local governments. Farmers and landowners have had enough and are urging the agencies to 'ditch the rule.' In the meantime, EPA should spend less time messaging and more time listening to farmers, landowners, business owners, and others concerned about their proposed rule."

Mr. Hurst put its best when he said the EPA should spend less time messaging the proposed rules and more time listening. Earlier this year, EPA Administrator Gina McCarthy went on a public relations tour in Missouri to promote the administration's environmental agenda. Missourians already know how to be good stewards of our environment in order to preserve it for future generations, and no visit by the head of the EPA from Washington, DC will persuade us otherwise.

In Congress, I have signed on to the Waters of the United States Regulatory Overreach Protection Act which would prohibit the EPA and Army Corps from implementing a rule that expands the federal government's regulatory power by broadening the scope of the Clean Water Act. In addition, I have signed on to multiple letters urging the agencies to rescind this illogical rule. While this is only one example of one bad regulation from one federal agency, please know I will continue to fight harmful regulations as they come down the pike.

U.S. Rep. Blaine Luetkemeyer, R-Mo., represents the state's 3rd District, which includes Jefferson City. His local office can be reached at 573-635-7232.

Web link:

luetkemeyer.house.gov