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Senate EPW Committee Approves Expansion of Clean Water Act Jurisdiction

On Thursday, June 18, the Senate Environment and Public Works Committee passed S. 787 the Clean Water Restoration Act.  The legislation was offered as an amendment sponsored by Chairwoman Barbara Boxer (D-Calif.), Senator Max Baucus(D-Mont.) and Senator Amy Klobuchar (D-Minn.). Republican committee members criticized the bill as a substantial expansion of federal jurisdiction over water by removing the term "navigable" waterways.  Ranking Member Senator James Inhofe (R-Okla.) and Senator John Barasso (R-Wyo.) offered multiple unsuccessful amendments to address "negative impacts" on rural and agricultural communities. In a June 17, 2009, letter to EPW Committee members, AGC opposed this legislation because it gives the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers jurisdiction over all wet areas-however remote or intermittent-and over all activities (e.g., construction) affecting those waters. Consequently, the bill would require construction contractors and project owners to obtain and be regulated by federal Clean Water Act permits far more frequently than is currently required. AGC will continue to fight this legislation as it is considered by the full Senate, which is uncertain. Senators Mike Crapo (R-Idaho) and Jim Inhofe (R-Okla.) have placed "holds" on the legislation, making it unlikely that it will see floor timein the near future. Similar legislation in the House of Representatives has yet to be introduced, however T&I Chairman James Oberstar (D-Minn.) has indicated his support for similar legislation in the House of Representatives.