Letters and phone calls are needed to Rep. Braley and Rep. Boswell to protect the Clean Water Restoration Act.  Below is information about the Act and talking points.  Contact information for the representatives are:
 
Rep. Bruce Braley -- 1408 Longworth HOB, Washington, DC  20515.  (202) 225.2911.  To e-mail Braley, go to http://braley.house.gov/zipauth.html
 
Rep. Leonard Boswell -- 1427 Longworth House Office Building, Washington, DC 20515.(202) 225-3806.  To e-mail Boswell, go to http://boswell.house.gov/messageform.htm  
Clean Water Restoration Act Local Call-In Day
 
The Clean Water Act, one of our most effective environmental laws, is under attack.  Mining companies, developers, and a variety of polluting industries, are pushing to eliminate protections for headwater streams and small wetlands.  Confusing court decisions and bad Bush administration policies are putting these waters at risk.  If protections for headwater streams are eliminated, then downstream lakes, rivers and coastal waters will suffer.
 
The EPA has estimated that about 60% of our streams 20 million acres of wetlands -- 20% of our remaining wetlands -- could lose federal protections.  The drinking water sources of more than 111 million Americans could be at risk because of the EPA’s policy to withhold Clean Water Act protections from headwater and seasonal streams.
 
Sierra Club and other environmental groups are supporting the Clean Water Restoration Act (H.R. 2421).  This would protect headwater streams and wetlands by putting into the law the same clean water rules that have been used to define protected waters for the last three decades.  More than 170 members of the House of Representatives support this bill, and it could pass the House this fall, but we need Representative [name’s] support.
 
Take five minutes to protect the Clean Water Act
 
» Call Representative [name’s] local office.  The numbers are [insert office locations and phone numbers.
 
» Tell the receptionist that you urge Representative [name] to co-sponsor the Clean Water Restoration Act (H.R. 2421).  It is important to ensure that all the nation’s waters are protected if we are going to continue to make progress cleaning up our lakes and rivers.
 
» Tell them your name and address so they know that you are a constituent.
 
Thank you for your help!
 
Talking Points:
 
Clean Water Restoration Act Talking points
 
Chairman Oberstar has said that he hopes that the Transportation & Infrastructure Committee will mark up the Clean Water Restoration Act this fall.  That could lead to a floor vote shortly thereafter.  This is an important priority for us and will almost certainly be the most significant clean water vote the House will take this Congress.
 
The bill codifies the definition of ‘waters of the United States’ that has been in the regulations for 30 years.  It also deletes the word “navigable,” which has been responsible for confusing Supreme Court decisions.  
 
This legislation is needed to clarify confusion caused by court decisions and subsequent EPA guidance that leaves small streams and so-called isolated wetlands at risk of losing federal clean water protections.  If waters are deemed to be outside of Clean Water Act coverage, then no federal permit is required to dump waste into them or to fill them.  If we fail to protect small tributaries, then it will be impossible to protect water quality in downstream lakes, rivers and coastal areas.
 
The EPA has estimated that 20 million acres of wetlands -- 20% of our remaining wetlands -- could lose federal protections.  The drinking water sources of more than 111 million Americans could be at risk because of the EPA’s policy to withhold Clean Water Act protections from headwater and seasonal streams.
 
These risks are not just hypothetical.  We’ve documented cases where the EPA and Corps of Engineers have determined that an 86-acre lake in Wisconsin, a 150-mile long river in New Mexico, and a 69-mile long canal that provides drinking water in California are not protected under the Clean Water Act.
 
Will you co-sponsor this bill?
 
[If not]  Will you give Chairman Oberstar your commitment to support the bill when it’s marked up in Committee and on the floor? 
 
Common objections and short rebuttals
 
Claim: This bill would expand the waters covered by the Clean Water Act to include gutters, roads, swimming pools, ornamental ponds, hot tubs…to any place where water accumulates.
 
Response:  Those waters have never been regulated in the 30 years during which the current regulatory definition of “waters of the United States” has been in place.  This legislation codifies that definition, so there is no reason to think that these waters would be regulated in the future.  
 
Claim: The bill would override existing statutory exemptions for agriculture, silviculture, ranching, maintenance of roads, ponds and drainage ditches and/or existing regulatory exemptions.
 
Response: The bill includes a ‘savings’ clause that protects existing statutory exemptions.  It doesn’t disturb existing regulatory exemptions. 
 
Claim: The bill intrudes on state authorities.
 
Response: In an amicus brief related to the most recent Supreme Court case, 34 states supported broad jurisdiction of the federal Clean Water Act.  Again, the bill would restore protections to waters that have historically been protected, not expand protections.
 
Claim: There is a huge backlog of permit applications, and this bill would exacerbate that problem.
 
Response: Lack of resources for the Corps of Engineers is principally responsible for the permitting backlog.  The lack of clarity about which waters are protected is compounding the permitting delays.  After the most recent court decision, the EPA issued a very confusing guidance document that staff are supposed to use to determine on a case-by-case basis whether waters are within the Clean Water Act jurisdiction.  Clearly restoring the longstanding definition of “waters of the United States” will limit uncertainty and confusion and expedite the permitting process.  
 
 
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