Idaho Congressman Mike Simpson has joined a large, bipartisan group of congressional leaders in expressing concern about guidance put out by the Environment Protection Agency and the U.S. Army Corps of Engineers that would change the definition of waters subject to the jurisdiction of the Clean Water Act.  Simpson is Chairman of the House Interior and Environment Appropriations Subcommittee, which oversees funding for the EPA.

In December 2010, EPA and the Corps sent draft “Clean Water Protection Guidance” to the Office of Management and Budget for regulatory review.  By the agencies’ own admission, this “Guidance” will substantively change federal policy with respect to which waters fall under the jurisdiction of the Clean Water Act and significantly increase the scope of the federal government’s power to regulate waters.

“In the West, water is critical to our way of life.  Allowing the federal government to claim jurisdiction over state waters would have a devastating impact on rural communities throughout our state and the food supply throughout our nation,” said Simpson.  “The ‘Guidance’ substantively changes the policy of both the EPA and the Corps of Engineers and appears to short-circuit the legislative process, something that would have damaging impacts on communities, farms, ranches, and businesses throughout Idaho.” 

The letter, signed by the 170 Members of Congress, states, “By developing this ‘Guidance,’ the Agencies have ignored calls from state agencies and environmental groups, among others, to proceed through the normal rulemaking procedures, and have avoided consulting with the States, which are the Agencies’ partners in implementing the Clean Water Act.”