EPA Must Terminate Water Rule After Corps' Revelation

Calling on the Environmental Protection Agency (EPA) to immediately withdraw final regulations that would dramatically expand the definition of “waters of the United States” under the Clean Water Act.

This renewed call is based on new evidence that the U.S. Army Corps of Engineers believes EPA used flawed technical and scientific analysis in crafting the regulation that was so indefensible that the Corps demanded that it be distanced from the rule.

“It is bad enough that EPA would push through new regulations that would put millions of additional acres of private land under federal control, needlessly raise housing costs and add more regulatory burdens to small businesses,” said NAHB Chairman Tom Woods

“But it is absolutely scandalous that EPA disregarded the objections of the U.S. Army Corps of Engineers, which expressed strong concerns that the rule was arbitrarily written, legally indefensible and would be extremely difficult to implement. We call on EPA to act immediately to withdraw this rule and put an end to this federal land grab.”

Newly uncovered documents reveal that senior Corps officials concluded that the final water rule contains serious flaws, contradicts long-standing Clean Water Act legal principles and greatly differs from the proposed rule provided for public comment.

Moreover, as required by law, EPA failed to consult with state and local governments, confer with business stakeholders, comply with the requirements of the Regulatory Flexibility Act or produce an accurate cost-benefit analysis.

With the rule set to take effect on Aug. 28, Woods added that it will not only exacerbate regulatory uncertainty, but also impede the housing recovery and economic growth by vastly extending the areas in which home builders and other landowners are required to obtain wetlands permits.

“EPA has made a mockery of the regulatory process and clearly stopped at nothing to advance its environmental-activist agenda,” said Woods.

“Even before it was known that the Corps so strongly disagreed with the final water rule, 34 states had formally requested that the rule be withdrawn and 31 state attorneys general had filed suit calling for the rule to be rescinded. EPA must act in the best interests of the American public and terminate this rule before it can take effect.”

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