The House of Representatives is expected to vote on a resolution to nullify the Waters of the United States rule under the Clean Water Act. The rule was meant to clarify which smaller streams, tributaries and wetlands are covered by the Clean Water Act.
S.J. Resolution 22 passed the Senate on Nov. 4.
The rule would redefine “waters of the United States” to give government jurisdiction over water bodies like man-made ponds, tributaries, ditches and trenches that could impact resources downstream.
Eighteen states sued the government over the summer and in October, a Cincinnati federal appeals court halted the EPA from implementing the act.
Proponents of the rule say it does not expand the Clean Water Act’s coverage or add new permitting requirements, but opponents are calling the rule a power grab. Many are concerned about the impact this will have on land use and construction, as well as public and environmental health. If expanded, the rule could require landscapers and LCOs to file permits when working near vastly more bodies of water; it could also impose Total Maximum Daily Load limits on smaller bodies of water.
The National Association of Landscape Professionals is asking industry professionals to send letters to the representatives. You can do so here.
The NALP says that if the resolution passes both the House and Senate, it will send another strong message to the administration about opposition to the rule. More importantly, a strong vote by Congress could be raised in the various legal challenges to the rule to demonstrate that EPA and the Corps’ action is an example of regulatory overreach, the organization says.