[Congressional Record Volume 160, Number 129 (Wednesday, September 10, 2014)]
[Extensions of Remarks]
[Page E1379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




WATERS OF THE UNITED STATES REGULATORY OVERREACH PROTECTION ACT OF 2014

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                               speech of

                         HON. CHRIS VAN HOLLEN

                              of maryland

                    in the house of representatives

                       Tuesday, September 9, 2014

       The House in Committee of the Whole House on the state of 
     the Union had under consideration the bill (H.R. 5078) to 
     preserve existing rights and responsibilities with respect to 
     waters of the United States, and for other purposes:

  Mr. VAN HOLLEN. Mr. Chair, I rise in opposition to H.R. 5078, a bill 
that would prevent the Army Corps of Engineers and Environmental 
Protection Agency from clarifying protections for drinking water under 
the Clean Water Act.
  Today's legislation would prohibit the Army Corps and EPA from 
continuing proposed action to ensure that the streams and wetlands that 
feed our waterways and provide drinking water for millions of Americans 
are protected from pollution. In 2001 and 2006, Supreme Court decisions 
created confusion about precisely which upstream tributaries were 
covered by the law. Subsequent policy guidance only increased legal 
uncertainty and undermined efforts to protect drinking water for more 
than 117 million Americans, including more than 26 million residents in 
the Chesapeake Bay watershed.
  In response to this confusion, the Army Corps and EPA have proposed a 
rule that would clarify which waters must be protected in order to 
safeguard public health and resources, and are currently seeking 
comments from stakeholders. Their proposal protects waters that have 
historically been covered by the Clean Water Act while continuing 
exemptions for agriculture. The bill on the floor today would not only 
shortcut the public comment process and withdraw the proposed rule, but 
would also prohibit the Army Corps and EPA from clarifying the 
regulation in the future.
  For too long, legal uncertainty around the Clean Water Act 
jurisdiction has jeopardized the health of drinking water and created 
confusing delays for industry as they struggle to determine their 
responsibility under the law. Congress should allow this rulemaking to 
go forward to develop a clear, practical standard that restores 
protections to our communities. I urge a no vote on the bill.

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