Bill Introduced That Would Shift Regulating Powers from EPA to the States

On June 22, the House Transportation and Infrastructure Committee approved H.R. 2018, by a vote of 35 to 20, that would shift certain regulating powers away from the Environmental Protection Agency (EPA) and into the hands of the states by amending the Clean Water Act. The bill is backed by Committee Chairman John Mica (R-Fla.), as well as Ranking Member Nick Rahall (D-W.V.). The legislation would give the states regulatory powers over water, wetlands and mountaintop-mining currently under the purview of EPA. Republicans view the bill as an attempt to control the current Administration’s EPA Proponents for the bill cited increases in regulation of mountaintop-removal mining, such as the decision to revoke the permit of a proposed mine in West Virginia, as well as the constricting of state water pollution limits in Florida. Such measures, Republicans argue, are unnecessary and detrimental to job creation, as the red tape a business must go through to acquire the proper permits greatly delays operations and drives up costs. Democrats argue that the bill would undermine EPA’s ability to update state water pollution limits and permits after new pollutants are discovered. They also noted that states downstream would be affected by the actions taken by the states upstream, which, under the proposed bill’s structure, would not require the same regulatory conditions for water pollution. There was an attempt by the minority to amend the bill to strip it of its efficacy; however, the amendment was struck down and the bill passed through unchanged. In the end, the bill made it through the Committee in a largely party-line vote, and reports are that House Majority Leader, Eric Cantor (R-Va.), hopes to have the bill on the House floor for a vote before the end of the summer. For more information, please contact Sean O’Neill at (202) 547-8892 or oneills@agc.org.