“Guidance Document” Improperly Expands Regulatory Authority;

Would Impose New Burdens on Local Farmers & Business Owners

Spokane, WA – Rep. Cathy McMorris Rodgers (R-WA), member of the House Energy & Commerce Committee, released the following statement today after the Environmental Protection Agency (EPA) issued a “guidance document” which substantially expands the scope of the federal government’s jurisdiction over waters and property rights and will result in confusion, permitting delays, and added costs for farmers and small business owners in Eastern Washington.

“I am strongly opposed to the EPA’s decision, which is just the latest in a series of job-crushing measures by this Agency which will severely harm our local economy,” said Rep. McMorris Rodgers.

The EPA’s “guidance document” will expand the Clean Water Act’s interpretation to allow the Agency to regulate small navigable bodies of water. Last week, Rep. McMorris Rodgers signed onto a letter to EPA Administrator Lisa Jackson opposing the Agency’s consideration of that policy. That letter – which was signed onto by 169 other House Republicans and Democrats – can be viewed here.

By issuing “guidance” before conducting any rulemaking, the Obama Administration is violating the principles of the Administrative Procedure Act (APA). The APA sets the standards for the activities and rulemaking of all federal regulatory agencies, and is designed to ensure those agencies use open, uniform, and fair procedures.

Rep. Bob Gibbs (R-OH), Chairman of the Water Resources and Environment Subcommittee, pledged today that he will hold hearings on the “EPA’s practice of circumventing the regulatory process.”