by Chris Clayton DTN Ag Policy Editor
OMAHA (DTN) — The White House issued a veto threat Wednesday against legislation attempting to block the controversial waters of the United States rule proposed by EPA and the Army Corps of Engineers.
Congressional Republicans are using two fronts to go after the proposed regulatory changes in the Clean Water Act. The House could vote Thursday on the fiscal-year 2016 appropriations bill for EPA and the Army Corps that includes language preventing the use of any funds to implement such a rule. The House also will vote on separate legislation — HR 1732, the Regulatory Integrity Protection Act of 2015 — that would force the agencies to withdraw and re-propose the rule. The funding bill would likely be opposed by most Democrats in the House, but the demand that EPA withdraw the rule could garner more Democratic support.
Senators on Thursday will announce introduction of similar legislation to force EPA to withdraw the rule. At least two Democrats plan to join the press conference announcing the bill.
Farm groups have been nearly unanimous in opposition to the proposed rule, which they fear would dramatically increase regulatory demands on farmers and livestock producers. Agricultural groups say farmers would be required to get Army Corps permits for farm practices and EPA would cite producers for any ponding or standing water on a property after heavy rains.
The White House Office of Management and Budget continues to review the rule, which could be finalized this year. The OMB also issued the veto threat against the legislation.
In the veto threat, the White House stated that clarifying the scope of the Clean Water Act was important to protect clean water, safeguard public health, and strengthen the economy.”
Lawmakers have argued EPA was writing such rules following the settlement of lawsuits the agency encouraged from environmental activists. However, the White House pointed out the rule was responding to Supreme Court decisions in 2001 and 2006 — which were under the Bush administration.
“This has created ongoing questions and uncertainty about how the regulation is applied consistent with the Court's decisions. The proposed rule would address this uncertainty,” the White House stated.
Under the House legislation EPA and the Corps would be required to create an extensive process to consult with local and state authorities about regulatory changes to waterways in their jurisdictions. The White House called the plan “a burdensome advisory process that would complicate the agencies' rulemaking and potentially constrain their discretion.”
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