The House of Representatives passed a Republican-backed measure this month that would rewrite the Clean Water Act to give states the final say in decisions concerning water pollution regulation, wetlands protection and mountaintop-removal mining, but the bill is unlikely to advance any further in the face of Senate opposition and a White House veto threat.
Supporters promoted H.R. 2018, the “Clean Water Cooperative Federalism Act,” as a means to counter what they allege is regulatory overreach by EPA, exemplified by federally mandated water pollution limits in Florida and reviews of mountaintop mining operations in West Virginia.
The bill, which passed the House by a vote of 239 – 184, would block EPA’s authority to overrule state-granted water quality certifications under Clean Water Act Section 401 and to object to state-approved National Pollutant Discharge Elimination System permits under Section 402. The measure would give EPA and other agencies up to 30 days to comment on dredge-and-fill permits, but EPA could not veto the permits, as it can do now under Section 404(c).
Many House Democrats strongly opposed H.R. 2018, and there is little chance of the Democratically-controlled Senate taking up the bill. Nevertheless, the White House issued a statement threatening a presidential veto because the bill would “significantly undermine” the Clean Water Act.