House Panel
Fast-Tracks Bill to Divest EPA of Regulatory Power Over Water
By PAUL QUINLAN
Published: June 22, 2011
After a brief but
rancorous debate, a House committee approved a fast-tracked bill that would
shift regulatory powers over water, wetlands and mountaintop-mining regulation
from U.S. EPA to the states.
In a 35-19, largely party-line
vote, the House Transportation and Infrastructure Committee this morning
approved the bill (H.R. 2018
(pdf)) backed by the top Republican and Democrat on the committee, Chairman
John Mica (R-Fla.) and Nick Rahall (D-W.Va.).
Four other Democrats
also joined in support: Reps. Jason Altmire (Pa.),
Leonard Boswell (Iowa), Jerry Costello (Ill.) and Tim Holden (Pa.).
But the measure ran
into stiff resistance from the majority of committee Democrats, including Rep.
Tim Bishop of New York.
Bishop is the ranking member on the subcommittee with jurisdiction over the
Clean Water Act, which the bill seeks to amend. Rep. Timothy Johnson (Ill.) was the only
Republican who voted against the bill.
Republicans
characterized the legislation as an effort to "rein in" the Obama
administration EPA, which they said had run roughshod over states. They pointed
to EPA's move to step up regulation of mountaintop-removal mining, including
the agency's decision to revoke a key permit for a proposed mine in West
Virginia, Rahall's home state, and to tighten state water pollution limits in
Mica's home of Florida.
"It's important
to move forward and pass this legislation because we have permitting delays
that are stifling economic growth and job creation," said Ohio GOP Rep.
Bob Gibbs, chairman of the water subcommittee.
Critics countered with
sharp concerns that the bill would prevent EPA from updating state water
pollution limits and permits after science identifies new pollution threats to
human health or the environment. Downstream states would also suffer if
upstream states failed to adequately regulate polluting industries or enforce
permits and limits, Democrats argued.
Bishop said the bill
"fundamentally undermines our nation's commitment to clean water" and
offered an amendment that would essentially negate the changes and preserve
EPA's authority over individual states. The amendment failed in a party-line
voice vote.
"This go-it-alone
approach flies in the face of science, common sense and decades of experience
implementing the Clean Water Act," Bishop said.
But Rahall rejected
that, saying the bill re-establishes the "cooperative federalism" in
Clean Water Act enforcement and citing the slowdown of mining and job losses in
his state. Among the legislation's provisions is a clause to limit EPA's
ability to veto "dredge and fill" permits issued by the Army Corps of
Engineers. States would have to approve such a move.
"What we are
experiencing at least in the Appalachian region is an overreach by EPA,"
he said.
House Majority Leader
Eric Cantor (R-Va.) has said he hopes to have a floor vote on the bill this
summer. Bishop objected to the committee's fast-track consideration of the
measure, noting the markup was announced just days earlier -- and held in
advance of a subcommittee hearing Friday meant to explore several of the
relevant Clean Water Act issues.
Environmental groups
were swift to condemn the vote. Ed Hopkins,
director of the Sierra Club's environmental quality program, said the
committee acted "irresponsibly" in moving forward so quickly on a
bill that "kicks the legs out from under the Environmental Protection
Agency."
"Their attempt to
hijack the Clean Water Act, roll back many of its provisions and undo 40 years
of progress in cleaning up the nation's waters opens up new avenues for
polluters to make Americans sick, dirty our waterways and further line their
pockets at the expense of the taxpayer," Hopkins said in a statement after
the vote.
Reporter Manuel
Quinones contributed.
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