Date: 2016-01-13
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I rise in strong opposition to S.J. Res. 22. a bill providing for Congressional disapproval of the rule submitted by the Corps of Engineers and the Environmental Protection Agency relating to a "Clean Water Rule: Definition of Waters of the United States." Today. the House is debating S.J. Res. 22. a resolution under the Congressional Review Act (CRA) to disapprove the Administrations Clean Water Act Rule issued in June 2015. The CRA is a blunt instrument and the resolution would not only strike the rule in its entiretythrowing out decades of work and reigniting confusion and uncertainty among industry and conservation communitiesit would block future administrations from ever resolving the confusion surrounding the Clean Water Acts definition of "waters of the United States." This joint resolution is an extraordinary and radical action to overturn a fundamental. onceinageneration final rule that is critical to the effective implementation of the 1972 Clean Water Act. and that was adopted following an exhaustive public rulemaking process. This joint resolution would overturn this rule that finally resolves longstanding confusion and debate. promotes clarity and efficiency for regulatory programs promoting river health. and preserves longstanding protections for farmers. ranchers. and forester. Americas hunters and anglers cannot afford to have Congress undermine effective Clean Water Act safeguards. leaving communities and valuable fish and wildlife habitat at risk indefinitely. Along the Texas Gulf Coast where Houston is located we have worked long and hard to protect essential habitats for fish. crabs and bird estuaries. This joint resolution dismisses out of hand the voices of the millions of Americans. including businesses that depend on clean water. who support the new rule and are eager to reap its benefits. The President has communicated that this bill will be vetoed if passed in its current form. The "Resolution of Disapproval" under the Congressional Review Act attacks the Clean Water Rule. the Obama Administrations landmark initiative to restore safeguards against pollution and destruction for lakes. streams. wetlands and other water bodies. The Clean Water Rule restores important safeguards that once existed for a variety of water bodies that are the breeding grounds for fish. The rule restores prior protections for many critical wetlands. which curb flooding. filter pollution. and provide habitat for a wide variety of wildlife. including endangered species and wildfowl and fish prized by hunters and anglers. We must reject this attempt to inject Congress into a regulatory process that is best managed by the agency experts who are well versed in the process and the objectives. Although this issue of the children of Flint haven been poisoned by lead contamination of drinking water it is relevant to the broader debate on clean water and what we must remain focused upon. The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. It is credited for restoring clean water levels in the United States that were contaminated by chemicals and pollutants being dumped into fresh water sources. The law maintains the chemical. physical. and biological integrity of the nations waters by preventing point and nonpoint pollution sources. providing assistance to publicly owned treatment works for the improvement of wastewater treatment. and maintaining the integrity of wetlands. It is one of the United States first and most influential modern environmental laws. The disapproval resolution would undo years of work by this and previous Administrations to clarify which waterways are covered by the Clean Water Act. reducing costly confusion and permitting delays and restoring protections for streams and wetlands across the country. The confusion surrounding which waterways are covered by the Clean Water Act protections originates from two Supreme Court decisions (2001 and 2006) which called into question whether the Act protects isolated. intrastate. nonnavigable waters and waters and tributaries in the upper portions of a watershed. Subsequent interpretive guidance by the Bush Administration has led to an inconsistent. patchwork system frustrating the regulated community and general public concerned with health and safety of our waterways. In April 2014. in response to requests from regulated industry and the conservation communities. the Obama Administration published a proposed rule. replacing the Bush Administrationera guidance documents. to reduce regulatory uncertainty and establish a dear process for asserting Clean Water Act jurisdiction over waters. The EPA held more than 400 public meetings and listened to a significant amount of public comment on the proposed rule. The final rule was issued on June 29. In October 2015. the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water Act Rule nationwide. Accordingly. the rule is tied up in Federal and state courts and. therefore. is not in effect. House Committee on Transportation and Infrastructure Ranking Member PETER DEFAZIO opposes this damaging disapproval resolution and is urging Members to vote NO. The White House has threatened to veto this disapproval resolution if it reaches the Presidents desk: The Administration strongly opposes S.J. Res. 22. which would nullify a specified Environmental Protection Agency (EPA) and the Department of the Army (Army) final rule clarifying the jurisdictional boundaries of the Clean Water Act (CWA). The agencies rulemaking. grounded in science and the law. is essential to ensure clean water for future generations. and is responsive to calls for rulemaking from the Congress. industry. and community stakeholders as well as decisions of the U.S. Supreme Court. If enacted. S.J. Res. 22 would nullify years of work and deny businesses and communities the regulatory certainty needed to invest in projects that rely on clean water. S.J. Res. 22 is not an act of good governance. If the President were presented with S.J. Res. 22. his senior advisors would recommend that he veto the bill. There is broad opposition to this disapproval resolution from the conservation. consumer. science. and recreational sports communities including: Clean Water Action. Earthjustice. Greenpeace. League of Conservation Voters. Natural Resources Defense Council. Sierra Club. Southern Environmental Law Center. Consortium of Aquatic Science Societies. American Fly Fishing Trade Association. International Federation of Fly Fishers. Backcountry Hunters & Anglers. The Izaak Walton League. National Wildlife Federation. Theodore Roosevelt Conservation Partnership. and Trout Unlimited. I ask my colleagues to join me in opposing this bill.