AUSTIN – The Texas Public Policy Foundation submitted comments in opposition to the rule proposed by the Environmental Protection Agency and Army Corps of Engineers to redefine the term “Waters of the United States” for purposes of the Clean Water Act (“CWA”). The proposed rule dramatically expands the Agencies’ regulatory authority, to the detriment of property rights and of federalism. The proposed definition violates the Clean Water Act and exceeds the federal government’s authority under the Commerce Clause of the U.S. Constitution.
Kathleen Hartnett White, Distinguished Senior Fellow-in-Residence and Director at the Armstrong Center for Energy and the Environment at the Texas Public Policy Foundation, issued the following statement on the proposed rule:
“The EPA’s and the U.S. Army Corps of Engineers’ proposed redefinition of ‘Waters of the United States.’ would assert regulatory control over the development and basic use of land within an entire watershed,” said White. “This expansive definition is totally inconsistent with the policy foundation of the Clean Water Act and rulings of the U.S. Supreme Court.” Most importantly, these Agencies’ new definition runs roughshod over basic private property rights.”
The Texas Public Policy Foundation was joined in submitting the comments by The Competitive Enterprise Institute, Americans for Competitive Enterprise, Americans for Tax Reform, Committee for a Constructive Tomorrow, Institute for Energy Research, National Center for Public Policy Research, Science and Environmental Policy Project, and Small Business & Entrepreneurship Council.

To read the full comments click here:

Kathleen Hartnett White is a Distinguished Senior Fellow-in-Residence and the Director at the Armstrong Center for Energy & the Environment. Former Chairman for the Texas Commission on Environmental Quality (2001-2007).

The Texas Public Policy Foundation is a non-profit, free-market research institute based in Austin, Texas.

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