Pennsylvania Congressional Delegation Members Urge Federal Agencies to Abandon Controversial Waters Rule

Washington, D.C. – U.S. Representative Glenn ‘GT’ Thompson, along with U.S. Senator Pat Toomey and seven additional Members of the Pennsylvania Delegation in the U.S. House of Representatives, today voiced strong concerns with the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ (USACE) proposed “waters of the United States” (WOTUS) rule that would dramatically expand the scope of federal authority over water and land uses in the United States.

The letter was submitted today to EPA and USACE ahead of the closing of the public comment period, which is midnight on Friday, November 14. In the comments, the Members contend the rule jeopardizes Pennsylvania’s ability to manage its own water resources and would impose devastating impacts upon a wide range of economic activities across the state.

“The proposed rule is of great concern to the citizens of Pennsylvania because it will have significant impacts upon the commonwealth’s economy and ability to continue regulation, per the Clean Water Act,” the letter states. “The rule as proposed disregards the long-standing federalist approach empowered within the CWA and would expand federal jurisdiction far beyond the long-held intent of Congress and numerous Supreme Court rulings.”

Enacted in 1972, the CWA was created as a partnership between the states and the federal EPA, in order to better manage identified pollution sources, through a range of pollution control programs. The Members stated the prosed rule is a direct threat to the long-standing federalist approach empowered within the CWA.

“Through a strong state-federal regulatory partnership that provides adequate flexibility to address water quality while accounting for local and regional variations and conditions, Pennsylvania has demonstrated a successful track record of improving and protecting the ecological health of its waters,” the Members wrote. “The proposed rule fails to clearly define where the federal government’s jurisdiction stops, which is a fundamental threat to the CWA’s state-federal partnership and poses devastating impacts on Pennsylvania’s ability to manage its own water resources effectively.”

As the comments state, “Due to the fundamental flaws within the proposed WOTUS rule, we urge the Agencies to immediately vacate the rule and begin to address, within their statutory authority, the underlying programs prior to any further rulemaking attempts.”

The Members signing today’s letter include U.S. Senator Pat Toomey and U.S. Representatives Glenn Thompson (PA-05), Joe Pitts (PA-16), Jim Gerlach (PA-06), Tim Murphy (PA-18), Tom Marino (PA-10), Lou Barletta (PA-11), Mike Kelly (PA-03), Scott Perry (PA-04), and Keith Rothfus (PA-12).

Click here to view the letter and submitted comments.

###