U.S. Senators Introduce Legislation to Halt Clean Water Act Guidance

On March 28, U.S. Sen. John Barrasso (R–Wyo.) and 29 Republican senators introduced the Preserve the Waters of the U.S. Act, which would prevent the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers from implementing their joint Clean Water Act guidance. The senators express concern that the guidance is in violation of the Administrative Procedure Act because it expands the scope of federal jurisdiction through guidance rather than rulemaking and would apply to all Clean Water Act programs, not just the dredge-and-fill permitting programs. The bill will be referred to the Senate Environment and Public Works Committee.

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