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Senate blocks bill to undercut EPA clean water rules


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By Mary Clare Jalonick, AP

WASHINGTON — Democrats have blocked a Senate bill that would have forced the Obama administration to withdraw new federal rules to protect smaller streams, tributaries and wetlands from development and pollution.

Supporters of the legislation — and opponents of the rules — did not get the 60 votes needed Tuesday to stop debate and consider the bill. The vote was 57-41, meaning Democrats have blocked the bill, for now.

Most Democrats argue that the Obama administration rules will safeguard drinking water for 117 million Americans and say they should remain in place. The White House threatened a veto of the bill, saying the regulations are “essential to ensure clean water for future generations.”

Republicans and a handful of Democrats from rural states say they fear a steady uptick in federal regulation of every stream and ditch. Senate Majority Leader Mitch McConnell, R-Ky., said on the Senate floor that the regulations are “a cynical and overbearing power grab dressed awkwardly as some clean water measure.”

The Senate bill, similar to legislation passed by the House earlier this year, would force the Environmental Protection Agency to withdraw and rewrite the rules. Four Democrats voted with Republicans on the measure — Sens. Heidi Heitkamp of North Dakota, Claire McCaskill of Missouri, Joe Manchin of West Virginia and Joe Donnelly of Indiana.

Opponents of the rules said they would continue to fight them. Shortly after Democrats blocked the bill, the Senate voted to proceed to a so-called “resolution of disapproval” sponsored by Iowa Sen. Joni Ernst that would scrap the rules if signed into law. Only a simple majority is needed to pass the resolution.

The White House issued a second veto threat against that resolution, saying it would “sow confusion and invite conflict at a time when our communities and businesses need clarity and certainty around clean water regulation.”

Federal courts have already put the rules on hold as they consider a number of lawsuits that were filed immediately after the EPA and the U.S. Army Corps of Engineers issued the regulations in May.

The rules clarify which smaller waterways fall under federal protection after two Supreme Court rulings left the reach of the Clean Water Act uncertain. Those decisions in 2001 and 2006 left 60 percent of the nation’s streams and millions of acres of wetlands without clear federal protection, according to the EPA, causing confusion for landowners and government officials.

The EPA says the new rules would force a permitting process only if a business or landowner took steps that would pollute or destroy the affected waters — those with a “direct and significant” connection to larger bodies of water downstream that are already protected. For example, that could include tributaries that show evidence of flowing water.

Farm and business groups are among the rules’ chief opponents, and more than half the states have sued the government in an attempt to block them. Officials from states such as Georgia, New Mexico and Wisconsin have suggested the regulations could be harmful to farmers and landowners who might have to pay for extra permits or redesign their property to manage small bodies of water on their private land.

The EPA has argued the criticism is overblown. Since the rules were originally proposed last year, the agency has been working to clear up some misconceptions, like some critics’ assertions that average backyard puddles would be regulated. Current exemptions from the Clean Water Act for farming practices, including plowing, seeding and the movement of livestock, among other things, will continue.

Republicans and landowners concerned about the rules’ reach say they believe they won’t eventually go into effect.

“While we may have fallen short today, this is not the end of this issue,” said Wyoming Sen. John Barrasso, the GOP sponsor of the bill. “One way or another, Republicans won’t stop until this rule is withdrawn or the courts ultimately strike it down for good.”

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Comments (17)
  1. Dogula says - Posted: November 5, 2015

    Legislation via regulation. How to circumvent the Constitution.

  2. Hmmm... says - Posted: November 5, 2015

    I don’t know, Dog…seems like Congress has had undue influence foisted upon it by right wing whacko’s(for example, the Koch brothers and huge polluting corporations cashiing in their chips, so to speak) pulling the strings of their bought off ‘puppeticians’ and unscrupulous lobbyists.

  3. Periscope says - Posted: November 5, 2015

    Yet another example of the GOP with their heads up their ****.

  4. Isee says - Posted: November 5, 2015

    You only need protection for your waterways if you are downstream of ANYONE or any thing. Duh! that’s almost everyone.” Exemptions for farming practices will continue”…. need we know more? I don’t.

  5. Justice says - Posted: November 5, 2015

    Great example of the growing out of control regulatory liberals in DC. When they aren’t trying to regulate and promote fantasy global warming end of the planet make believe, they try to come up with another lie, this time making it about some new “clean water” fake emergency. This is a power grab. It is an attempt by the EPA to take control of water in states by regulation and it is completely without legal precedent and a threat to all property owners. This is why liberals keep losing elections and the Bummer Admin. must be stopped for their final year of lunatic ideas of blatant over-reaching federal control of states.

  6. nature bats last says - Posted: November 5, 2015

    Justanass. YAWN

  7. Robin Smith says - Posted: November 5, 2015

    Peri,

    RCI..(rectal cranial inversion)

  8. Hmmm... says - Posted: November 5, 2015

    Justice- I think it has had more to do with gerrymandering elections through redistricting, kicking people off of voter registration lists, superpacs buying airtime to outline the politics of fear, and out and out lies by unscrupulous politicians.

    Plus, I hate to say it, the Republican
    Party is much more media-savvy than the Democrats.

  9. Justice says - Posted: November 5, 2015

    The Clean Water acts have been around for many decades and there is nothing new except a new power grab that is blatant. Funny thing about liberals, it was reported by the AP this morning that Senile Jerry used state employees to prepare a report about oil prospects on his family property near Williams, Ca. This is more proof of liberal dishonesty and theft of public resources and that liberals are not to be trusted on anything, like his lunatic train to nowhere and billions for a Delta water theft. People are beginning to wake up and see it now.

  10. K.Clancy says - Posted: November 5, 2015

    Justice,
    Where do you get the fact-free “information” that you posit as fact every day on LTN? Do you think that anyone with an IQ above room temperature takes you seriously? Please tell us what media sources you use for your daily verbal diarrhea.

  11. Sunriser2 says - Posted: November 5, 2015

    The clean water act and ceqa are out of control. Business already in operation use them as a tool to keep out competition.

    I have been working on a section 204 violation for over three years. No end in site.

    Funny how the bullet train can cross the entire state without disturbing any wetlands.

  12. nature bats last says - Posted: November 5, 2015

    K. Clancy, thanks for the laugh. I, too, wonder how that duche arrives at his conclusions. Delusional is a adjective I often think of when reading his dribble, which I seldom read anymore. He is into cut and paste technology.

  13. Rick says - Posted: November 5, 2015

    Sunrise: you clearly are uninformed and have not been part of the Regional Consultants teams for the various HST segments that have prepared extensive CWA permits (Section 404 and 401 certifications) and in so doing provided extensive compensatory mitigations.

    Rick

  14. Justice says - Posted: November 5, 2015

    Liberals are always like Lemmings looking for a cliff to fall off of. The story about Moonbeam is in several news sources like the AP that broke the story, poor Senile Jerry, he just didn’t think he would get caught so easily and so blatantly.

  15. sunriser2 says - Posted: November 5, 2015

    Rick what do you think you know about the subject? I have been to a dozen meetings with Peck Ha and his supervisor Nancy with the Corps.

    I have studied hundreds of pages of BS from Gibson and Skordall (who of course worked for the Corps) before they opened their consulting business.

    In addition I have met with most of the wetlands credits banks in the area.

    All of them are scum.

  16. billy the mountain says - Posted: November 5, 2015

    Take a shot every time Justass says ‘liberal(s)’.

  17. Hmmm... says - Posted: November 7, 2015

    Jeez Billy you trying to get elected as the next EDC Superintendent of Schools?