Senator Coons, colleagues write to EPA, Army Corps of Engineers regarding 'Waters of the United States' rule

WASHINGTON – Today, U.S. Senator Chris Coons (D-Del.) along with Senator Tom Carper (D-Del.), Angus King (D-Maine), Tim Kaine (D-Va.), Mark Warner (D-Va.), Bill Nelson (D-Fla.), Dianne Feinstein (D-Cali.), Brian Schatz (D-Hawaii), and Jon Tester (D-Mt.) wrote the following letter to Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works, U.S. Army Corps of Engineers, and Gina McCarthy, Administrator of Environmental Protection Agency, regarding the Clean Water Rule: Definition of 'Waters of the United States' Final Rule, and the need for the Environmental Protection Agency and Army Corps of Engineers to better clarify the implications of this final rule.  Each of the Senators voted against S.1140, a bill that would have overturned the final rule this afternoon.

Senator Coons also offered additional comment on his vote this afternoon.

"I understand the concerns expressed by farmers, contractors, and others about the final Waters of the U.S. rule,” said Senator Coons. “I believe there is more that can be done to address these concerns, but S. 1140 is not the right approach because it would require EPA and the Army Corps to restart a lengthy and thorough public process, it would limit the scope of future efforts to write a new rule, and it would open up the Clean Water Act to potentially disruptive amendments. I believe the EPA and Army Corps should provide clearer implementation guidance to ensure predictability for those impacted by the rule, and I believe both agencies must implement the rule consistently and fairly.”

The full letter is below:

Dear Administrator McCarthy and Assistant Secretary Darcy:

We are writing in regards to the Clean Water Rule: Definition of 'Waters of the United States' Final Rule, and the need for the Environmental Protection Agency and Army Corps of Engineers to better clarify the implications of this final rule. 

We all agree that clean water is critical and that your agencies have the important role of protecting our streams and waterways as mandated under the landmark Clean Water Act.  We recognize that the task of clarifying the definition of ‘Waters of the United States’ is an important, yet complicated, undertaking.                                               

We all provided suggestions and relayed concerns from our constituents during the rulemaking process.  We were pleased that some of these concerns were addressed in the final rule.  We believe the Federal Water Quality Protection Act offered by Senator Barrasso undermines the ability to adequately safeguard our precious waterways and undercuts a need for clarity on the appropriate jurisdiction of the Clean Water Act.  Given the current stay placed on this rule by the Sixth Circuit Court of Appeals, this is also the wrong time for a legislative approach. 

However, while we cannot currently support the Federal Water Quality Protection Act, we believe the EPA and Army Corps of Engineers can and must do better to address the legitimate issues that have been raised in regards to the implementation of this rule.  We call on the EPA and Army Corps of Engineers to provide clearer and concise implementation guidance to ensure that the rule is effectively and consistently interpreted.  Farmers, ranchers, water utilities, local governments, and contractors deserve this clarity and certainty.  Should the EPA not provide this clarity or enforce this rule in a way that erodes traditional exemptions, we reserve the right to support efforts in the future to revise the rule.  

We look forward to working with you to sufficiently address the concerns of our constituents in regards to the Clean Water Rule.

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