Rep. Simpson is the chair of the Appropriations subcommittee that deals with the environment and in his blog takes credit for writing the rider that would hamstring the EPA’s ability to enforce the beleaguered CWA. He writes that it “prohibits the Environmental Protection Agency (EPA) from using taxpayer dollars to implement laws or regulations expanding federal jurisdiction over state waters.” The rider comes just before the Office of Management and Budget is to release new rules regarding what waters are protected under the CWA since a handful of court decisions and Bush-era guidance has limited the waters protected and caused jurisdictional confusion. The current definition leaves sources of drinking water for more than 100 million people across the United States unprotected.
Since 2007, Congress has been unsuccessful in clarifying what waters are protected from excessive pollution. Former Congressman James Oberstar and former Senator Russ Feingold championed legislation to restore the original intent of Congress on what waters should be covered in the 1972 bipartisan version of the CWA, but their efforts failed.
When the Democrats took control of Congress and the White House, industries such as the National Mining Association, National Association of Manufacturers, National Cattlemen’s Beef Association, Edison Electric Institute, the American Forest & Paper Association, National Realtors and others most affected by EPA regulations formed the Water Advocacy Coalition to strengthen their lobbying efforts to reduce the number of permits for which they are required to apply under the CWA. Some of the exact language on their website appears in Rep. Simpson’s explanation of his rider.
“Most farmers and ranchers I talk to are scared to death about the possibility that the Environmental Protection Agency would be able to regulate their irrigation ditches, drainage ponds, and even groundwater, and I understand why…. For that reason and others, I have moved to insert language in the House Continuing Resolution that will prevent any attempt by the EPA to claim additional jurisdiction over state waters and increase its already excessive authority over Western farmers, families, and businesses,” he wrote.
Today, the guidance being considered by OMB that Rep. Simpson claims is “excessive authority” was leaked. Jan Goldman-Carter, a lawyer who works with the National Wildlife Federation on a clean water campaign, reacted to Simpson’s blog with the authority of the actual guidance under review, saying you will see “it is a far cry from expansion of ‘federal jurisdiction over sate waters’ that Mr. Simpson claims on his blog.” In fact, she argues this guidance stops “far short” of the waters that were originally protected in the CWA and prior to a 2001 Supreme Court case.
Goldman-Carter says that pages 30-31 of the leaked draft guidance proves the Congressman’s statement including “irrigation ditches, drainage ponds, and even groundwater” under federal regulation are wrong. She says, “The draft guidance is clear that ditches and ponds excavated in uplands are not considered waters of the U.S. Nor are gullies, rills, swales, and other erosional features.” And finally, “Groundwater is not itself a ‘waters of the U.S’ regulated under the Clean Water Act” – another accusation lobbed at the OMB guidance meant to unhinge states’ rights advocates.
The Congressman’s comments include claims that are reported across the Internet on conservative and property rights blogs as well as by commentators like Glenn Beck.
Since 2005, Rep. Simpson has received at least $81,000 in campaign contributions from the industry representatives who have been fighting any change to the status quo. These same lobbyists met with the White House in January to urge the Administration to keep the current definition of waters.
Some environmentalists believe industry wants to delay rulemaking by the OMB and EPA until 2012 when they hope to have a more sympathetic White House. The CR rider opens an additional venue for delay. The Continuing Resolution funds government through September 30, 2011, thus buying industry that much more time.
Byron Moore contributed to this story.