Daily News Update, Dec. 14, 2007

Senate committee looks at Clean Water Act

The Senate Environment and Public Works Committee held a hearing Thursday, Dec. 13 entitled, "The Clean Water Act following the recent Supreme Court decisions in Solid Waste Agency of Northern Cook County and Rapanos-Carabell."

Although the hearing was not intended to specifically address current legislation that seeks to unnecessarily expand the jurisdiction of the Clean Water Act, these bills (H.R. 2421 and S. 1870) were top of mind in discussions surrounding the hearing.

Senator Jim Inhofe (R-Okla.), ranking member of the committee, said the legislation fails to create a clear, concise and Constitutional definition of "waters of the United States" and will simply result in more lawsuits and more confusion.

"If the Clean Water Restoration Act that is currently pending before our committee passes, every homeowner in the country is unlikely to realize that their storm gutters could be designated point sources for which they will need federal Clean Water Act permits," said Inhofe.

"This incredible expansion of federal jurisdiction under the Clean Water Restoration Act directly contradicts not just SWANCC but also Carabell/Rapanos in which a majority of the Court ruled that there are limitations to Congress' power under the Clean Water Act."

Inhofe also said he would insist on hearings specifically addressing the proposed legislation before any attempt is made to move it.  More statements are posted on the committee's website at www.epw.senate.gov.

NCBA submitted written testimony to the committee Dec. 13 for the Congressional Record. "NCBA does not agree with Senator Feingold that S. 1870 'restores' Congressional intent regarding the extent of federal jurisdiction over our waters when the Clean Water Act was enacted in 1972," said NCBA.

"Instead, the bill ignores Congressional intent and greatly expands federal jurisdiction way beyond anything Congress imagined at the time of enactment."