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California State University East Bay

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California State University East Bay

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House Bill Could Erode EPA Authority

A bill that would severely limit the Environmental Protection Agency’s (EPA) authority over water regulations was recommended to the House floor by the Transportation and Infrastructure Committee on June 22.

The bill, called the Clean Water Cooperative Federalism Act or H.R. 2018, bypassed the usual legislation process, which involves a hearing or subcommittee mark-up, when it was introduced on May 26. The reason for this bypass is unclear.

Those sponsoring the bill mean to preserve the authority of each state to determine their individual water quality standards, though the opposition sees this bill as undermining the fundamental power of the current Clean Water Act.

This piece of legislation would render the EPA helpless if it found an inadequate clean water legislation and means of implementation among the states.

The EPA issued a response to the bill on June 21, highlighting how the bill would prevent the EPA from protecting public health and water quality, prevent them from giving an opinion on state actions or commenting on Federal permits and remove the current federal and state balance.

“This bill is a recipe for increased pollution, dirtier waters and more mountaintop removal mining,” said Jon Devine, senior attorney in the water program at the Natural Resources Defense Council.

“Its supporters seem intent on taking us back to the ‘good old days’ when rivers like the Cuyahoga caught fire and Lake Erie was declared dead,” continued Devine. “We will continue to fight it vigorously if it comes to the House floor.”

The Clean Water Act, enacted in 1972, has been the go-to legislation for water regulation to keep water hygienic, unpolluted and sanitary. Some, such as David Beckman of the NRDC, believe it was the federal component that made it so strong.

“[This bill] would deprive Americans of minimum health and environmental standards that apply no matter where you live or travel in the nation,” said Beckman. “While states appropriately have a primary role in implementing clean water protections, the law does not function effectively without a federal floor.”

Congressman John Mica (R-Florida) sponsored the bill to “reverse the erosion of states’ authority and partnership with the federal government under the Clean Water Act,” as explained by a press release published by the Transportation and Infrastructure Committee.

“Under the Obama Administration, EPA continues to strangle economic growth in this country with its overreaching and arbitrary regulatory regime,” Mica said. “This bill will help ensure a common sense regulatory regime that does not unnecessarily harm our nation’s farmers, miners and other businesses critical to our economy.

“We must restore and preserve the federal-state partnership that is the foundation of the Clean Water Act but which is being progressively undermined by EPA,” Mica continued.

In California, where environmental laws are often stronger than even federal regulations, the passage of this bill is most likely to have little negative effects, although it will make California citizens apprehensive about the potency of regulations in other states with little environmental concern.

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House Bill Could Erode EPA Authority