AUSTIN – The Texas Public Policy Foundation (TPPF) submitted a comment on the Environmental Protection Agency and U.S. Army Corps of Engineers’ Proposed Rule titled Updated Definition of “Waters of the United States,” which includes measures that right-size federal jurisdiction over the nation’s waters. The Proposed Rule correctly recognizes that federal jurisdiction over waters arises under the Commerce Clause.
However, TPPF also notes that the Proposed Rule’s treatment of seasonal rivers and waters that are not presently navigable – and thus cannot be used as a highway for interstate or foreign commerce – extends jurisdiction beyond the Commerce Clause’s limits and invites future administrations to improperly expand federal jurisdiction.
“TPPF applauds EPA’s efforts to redefine the term ‘waters of the United States’ under the Clean Water Act to comply with the jurisdictional limits of the Constitution,” said TPPF Senior Attorney Ted Hadzi-Antich, “In so doing, EPA must adjust the proposed definition to cover only those waters that are currently navigable. Claiming jurisdiction over any other waters goes beyond constitutional boundaries established by the Founding Fathers.”
TPPF Attorney Eric Heigis added, “This proposal provided a fitting opportunity to remind EPA and the Army Corps that the federal government has limited, enumerated powers. The comment provides a roadmap for the agencies to improve the Proposed Rule in a way that will respect the constitution’s limits on federal jurisdiction.”
To read the comment, click here.