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Phyllis Harden

Legislative & Special Projects, Pine Bluff Sand & Gravel
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AGC Seeks Continuity While EPA, Corps Repeal and Replace the 2015 Waters of the United States Rule

August 16, 2018

In an August 13 letter to the U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers, AGC reiterates support of the agencies’ efforts to repeal and replace the 2015 “Waters of the United States” (WOTUS) rule while maintaining the current regulatory “status quo” in the interim.  The construction industry depends on receiving Clean Water Act permits in order to secure financing and approval to construct new projects.  AGC urges the agencies to provide continuity and predictability for near-term business planning under the current framework while they continue to work on the next steps.

The 2015 rule is inherently flawed at the procedural level and cannot be “patched” or fixed via guidance alone. The rule’s provisions are, in various respects, beyond the agencies’ statutory authority, inconsistent with Supreme Court precedent, and contrary to the goals of the CWA, including the Act’s deference to preserving the primary responsibilities of the states.

AGC also signed on to three other comment letters regarding the agencies’ supplemental proposal: the Waters Advocacy Coalition’s (WAC) comments, the Federal Stormwater Association’s comments, and joint comments that specifically look at the Supreme Court ruling in the SWANCC v. U.S. Army Corps of Engineers case and its implications for the 2015 rule as well as any future definition of WOTUS.  As an active member of the U.S. Chamber of Commerce Environment and Agriculture Committee, AGC also incorporated the Chamber’s comments by reference.

For more information, contact Melinda Tomaino at

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