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Policy Rider to Halt EPA Guidance Attached to House Energy and Water Appropriations Bill

The House Energy and Water Appropriations Subcommittee approved a $30.4 billion energy and water spending bill for FY 2014 after adding a policy rider that would bar the Army Corps of Engineers (USACE) from implementing guidance that clarifies which U.S. waters fall under federal protection via the Clean Water Act (CWA). The guidance, which was proposed in May 2011 and sent to the Office of Management and Budget (OMB) for interagency review and finalization in February 2012, clarified which waters are subject to CWA jurisdiction in response to two U.S. Supreme Court decisions. This rider parallels AGC’s legislative strategy on this issue with legislation introduced by past congresses to stop the Environmental Protection Agency (EPA) and USACE from implementing the guidance. For more information, please contact Scott Berry at (703) 837-5321 or berrys@agc.org or Leah Pilconis at (703) 837-5332 or pilconisl@agc.org.