The House is set to consider the Senate-passed S.J.Res. 22, a Congressional Review Act resolution that disapproves of the administration’s proposed re-definition of the term “waters of the United States,” as established under the Clean Water Act. The American Energy Alliance supports this CRA resolution and urges all Representatives to vote YES on S.J. Res. 22.
This “Waters of the United States” (WOTUS) rule is an attempt by the Environmental Protection Agency and Army Corps of Engineers to significantly broaden these agencies’ authority. This rule is unconstitutional and tramples on the regulatory prerogatives of the individual states.
The Constitution limits the power of the federal government and expressly gives the states all powers not delegated to the federal government. Thus, the federal government does not retain absolute power and regulatory authority, but shares authority with the states. This principle applies to all facets of governance, including in the regulation of water.
In an attempt to take power from the states and individual citizens, the WOTUS rule allows both the EPA and Corps to regulate almost all water under the Clean Water Act. This gives both agencies far more power than what is intended by the Clean Water Act and the Constitution.
This rule is not just about regulating water; it is also about imposing federal control over private land. This rule amounts to a massive land grab by both the Corps and the EPA, opening the door for significant executive branch overreach and abuse. Property owners will now be subject to even more bureaucratic red tape, fines, and government intrusion–including potential legal action.
This rule is a clear-cut instance of unconstitutional and aggressive executive branch rulemaking. The EPA is especially notorious for such predatory overreach, and Congress should act now to stop such regulatory practices. S.J. Res. 22 sends a message to the administration that the American people are against this power grab. The American Energy Alliance strongly supports and urges all Members to vote YES on S.J. Res 22.