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October 20, 2014

You Now Have More Time To Comment On The EPA Waters Rule That Will Put Almost Every U.S. Waterway Under The Agency’s Control

The U.S. Environmental Protection Agency (EPA) recently announced that it would extend until Nov. 14, 2014 a proposed a rule that would redefine which bodies of water are protected under the 1972 Clean Water Act. (As National Journal has explained a provision in the draft rule allows the EPA and the Army Corps of Engineers “to decide on a case-by-case basis whether to regulate wetlands and other waters that are not directly connected to running streams and rivers but have ‘a significant nexus to a traditional navigable water, interstate water, or the territorial seas.’”) 

MSCI believes this provision will increase uncertainty and could potentially give the EPA more control over private lands. Indeed, this summer the U.S. House Committee on Science, Space and Technology released previously-undisclosed EPA maps for every state and in an email to members, the National Association of Manufacturers argued, “It is evident by these maps that the EPA’s view of waters of the U.S. is far broader then they have previously claimed.” 

As a reminder, NAM is trying to determine the impact this rule will have on manufacturers. If you’re willing to discuss your thoughts with NAM, please contact Jonathan Kalkwarf so he can facilitate these discussions. 

To comment on the rule, visit the EPA website or fill out this form from the American Farm Bureau Foundation. Before you comment, be sure to read this column by business advocate Karen Kerrigan on the potential costs of the rule.