Press Releases
Western Caucuses Urge EPA to Halt “Waters of the US" Rule
May 8, 2014
In their letter, the Caucus members call on the EPA to refrain from moving forward with their controversial “Waters of the U.S.” (WOTUS) rule that will drastically expand federal regulatory authority under the Clean Water Act. The members also highlight how this rule will negatively impact farms, small businesses, energy production, commercial development and substantially interfere with the ability of individual landowners to use their property.
“We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners,”Caucus Members wrote.
In addition to Barrasso, Pearce and Lummis, the letter was signed by Senators David Vitter (R-LA), Jim Inhofe (R-OK), Lisa Murkowski (R-AK), Dean Heller (R-NV), Mike Lee (R-UT), Pat Roberts (R-KS), Orrin Hatch (R-UT), John Thune (R-SD), Mike Crapo (R-ID), Roy Blunt (R-AR), Jerry Moran (R-KS), Deb Fischer (R-NE), John Cornyn (R-TX), John Hoeven (R-ND), Mike Johanns (R-NE), James Risch (R-ID) and Mike Enzi (R-WY) and Representatives Rob Bishop (UT-01), Markwayne Mullin (OK-01), Jeff Denham (CA-10), Mike Simpson (ID-02), Don Young (AK-AL), Walter Jones (NC-03), Matt Salmon (AZ-05), Scott Tipton (CO-03), Mike Conaway (TX-11), Mark Amadei (NV-02), Cory Gardner (CO-04), Jeff Duncan (SC-03), Chris Stewart (UT-02), Paul Gosar (AZ-04), Tom McClintock (CA-04), Kevin Cramer (ND-AL), Devin Nunes (CA-22), David Schweikert (AZ-06), Randy Neugebaurer (TX-19), Raul Labrador (ID-01), Kristi Noem (SD-AL), Doug Lamborn (CO-05), Trent Franks (AZ-08), Paul Broun (GA-10), Mike Coffman (CO-06), Jason Chaffetz (UT-03).
The full text of the letter:
May 8, 2014
The Honorable Gina McCarthy
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
Dear Administrator McCarthy,
As members of the Senate and Congressional Western Caucuses, we are contacting you regarding our opposition to the Environmental Protection Agency’s (EPA) efforts to significantly expand federal regulatory authority under the Clean Water Act (CWA).
We have reviewed the proposed rule that you signed on March 25th and have concluded that the rule provides essentially no limit to CWA jurisdiction. This is despite the Supreme Court consistently recognizing that Congress limited the authority of the EPA and the Army Corps of Engineers under the CWA.
There has been strong opposition to EPA’s approach due to the devastating economic impacts that a federal takeover of state waters would have. Additional and substantial regulatory costs associated with changes in jurisdiction and increased permitting requirements will result in bureaucratic barriers to economic growth, negatively impacting farms, small businesses, commercial development, road construction and energy production, to name a few.
The threat of ruinous penalties for alleged noncompliance with the CWA is also likely to become more common given the proposed rule’s expansive approach. For example, the EPA’s disputed classification of a small, local creek as a “water of the United States” could cost as much as $187,500 per day in civil penalties for Wyoming resident Andrew Johnson. Similar uncertainty established under the proposed rule will ensure that expanding federal control over intrastate waters will substantially interfere with the ability of individual landowners to use their property.
We share the concerns expressed by the Western Governors Association regarding the lack of meaningful state consultation in crafting this rule. The Western Governors stated in a letter to you on March 25th that they –
“are concerned that this rulemaking was developed without sufficient consultation with the states and that the rulemaking could impinge upon state authority in water management.”
We fail to understand why the EPA has not adequately consulted our Governors about a rule that has such a significant impact on the economy of our states. For example, rural states in the West have sizeable ranching and farming operations that will be seriously impacted by this rule. Despite the claim that the Army Corps will exempt 53 farming practices as established by the Natural Resource Conservation Service, the list of 53 does not cover all existing agricultural practices. There are a number of farming and ranching practices, such as the application of pesticides, that are not covered on this list that occur every day in the West without penalty. Under this new proposed rule, it appears those farmers and ranchers will need to get a permit or be penalized if they continue to use those non-covered practices in new federal waters.
Congress has demonstrated strong opposition to past efforts to have the federal government control all wet areas of the states. During the recent consideration of the Water Resources Development Act (WRDA), a bipartisan group of Senators voted 52 to 44 to reject the EPA’s CWA Jurisdiction Guidance, which would have also resulted in effectively unlimited jurisdiction over intrastate water bodies. Efforts to pass legislation to have the federal government control all non-navigable waters have also failed in past Congresses.
We urge you to change course by committing to operating under the limits established by Congress, recognizing the states’ primary role in regulating and protecting their streams, ponds, wetlands and other bodies of water. We also again ask that you consider the economic impacts of your policies knowing that your actions will have serious impacts on struggling families, seniors, low-income households and small business owners.
Lee Introduces Free-Market Energy Reform
May 1, 2014
WASHINGTON – Today, Senator Mike Lee introduced a bill that restores free-market competition to America’s energy sector by eliminating all tax credits for both renewable and traditional energy sources. The “Energy Freedom & Economic Prosperity Act” also reduces tax rates to ensure no new burdens are added to the responsible development of America’s energy resources. Sen. Lee’s bill is a companion to legislation originally sponsored by Rep. Mike Pompeo in the House, which has 34 cosponsors.
“Washington should not be using taxpayer money to pick winners and losers in the energy industry,” said Lee. “Consumer-driven, free-market competition provides a much better way to ensure Americans have access to reliable, affordable energy. The Energy Freedom and Economic Prosperity Act would level the playing field for all energy producers, forcing them to compete for consumer dollars rather than political favors.”
Congressman Mike Pompeo said: “American families shouldn’t have to subsidize energy companies when they’re having trouble enough paying their utility bills. Companies should have customers, not political patrons. With Sen. Lee’s leadership in the Senate on this important measure, we can eliminate insider deals on energy policy and save money for families across the country.”
The “Energy Freedom & Economic Prosperity Act” has received support from the American Energy Alliance, Americans for Prosperity, Americans for Tax Reform, the Club for Growth, Council for Citizens Against Government Waste, Freedom Action, Heritage Action, National Taxpayers Union, 60 Plus Association, and Taxpayers for Common Sense.
Lee’s Opening Statement at Comcast-Time Warner Hearing
Apr 9, 2014
Lee Plans to Offer Amendment to End Comp-Time Discrimination Against Private-Sector Employees
Apr 8, 2014
Lee Files Amendments to Create Jobs, Make Higher-Ed More Accessible, and Improve Work-Life Balance
Apr 1, 2014
WASHINGTON – Today, Senator Mike Lee filed three amendments to a Senate bill being considered this week that would extend the time people have to collect unemployment insurance beyond six months. The amendments continue Senator Lee’s push to enact solutions to problems in the Obama economy by focusing on job creation, accessibility of higher education and training, and improving work-life balance.
The first amendment is modeled after Sen. Lee’s Transportation Empowerment Act (S. 1702) and would significantly reduce the administrative and regulatory burdens the federal government places on states’ use of transportation funding. Under this proposal, states could respond more quickly to the needs of citizens, start and finish projects sooner, and spend less money to complete them – all while creating and maintaining good jobs.
“Americans aren’t looking for unemployment insurance, they are looking for employment,” said Senator Lee. “The Democrats’ solution is to keep people tied to unemployment programs, rather than addressing the underlying problem. My amendment would lift unnecessary burdens government imposes and give states and businesses the freedom to invest, grow, and hire more workers.”
The second amendment is built on Sen. Lee’s Higher Education Reform and Opportunity Act (S. 1904), legislation that would open up new educational opportunities for many low-income and non-traditional students. The bill allows states to set up a new and parallel system for accrediting educational institutions, curricula, apprenticeships, programs, and even individual courses, which are then available to receive federal student loan money.
“In today’s economy, employers need individuals with specialized skills,” said Senator Lee. “But the current accreditation system – which drives up costs and leaves behind many non-traditional students, like working parents – acts as a barrier for millions of Americans who need the education and training to fill those jobs. This amendment would make higher education and training more accessible and affordable to those who need it most.”
The third amendment is based on Sen. Lee’s Working Family Flexibility Act (S. 1623), which allows private-sector employees the same choice between comp time and overtime pay currently enjoyed by government employees. Currently, federal law unfairly discriminates against these employees by prohibiting the use of comp time, forcing them to sacrifice family time for the family budget.
“For many families, especially with young children, their most precious commodity is time,” said Sen. Lee. “But today, federal labor laws restrict the way moms and dads and everyone else can use their time. This can lead to tough decisions about how many hours parents can work, or even if they’re able to work at all. My amendment would make that choice easier and help working families achieve the right balance.”
Lee, Tester Introduce Bill to Ensure Proper Investigations at DOJ
Mar 13, 2014
Lee Introduces Head Start Reform
Mar 12, 2014
WASHINGTON – Today, Senator Mike Lee introduced legislation to reform the early childhood education program known as Head Start. The Head Start Improvement Act is intended to produce better results by offering states and parents greater flexibility to tailor the program to meet the specific needs of low-income children. A 2012 study by the Obama administration showed that, despite spending $8.6 billion per year on education, health, nutrition, and other services, the program produced no lasting benefits.
“Underprivileged children need access to good education, and the scientific evidence shows the federal government does a lousy job of providing it,” Senator Lee said. “Education reform should empower principals, teachers and parents, instead of centralizing power and money in political bureaucracies. This bill would allow states, communities, schools, and families to better tailor pre-K programs to the specific needs of each eligible child.”
Confronted with the obvious failures of government programs, many states are already looking at ways to better serve their low-income populations. For example, the Utah state legislature has created a special task force to study the prospects of “charity care” – affordable medical services for poor families provided not by government but by individuals, businesses, non-profit groups, and local communities.
“The Utah Model might not work in every state, but every state should have the freedom to solve problems their own way, according to their own values and priorities,” Lee added.
How it Works:
- Provides Head Start block grants directly to eligible grantees, which include states, territories and federally recognized Indian tribes.
- Restores the responsibility to each recipient grantee to define what entities within their state would be eligible to receive sub-grants; award sub-grants to those eligible entities; establish rules and standards for the entities awarded sub-grants; and monitor compliance with state rules and standards
- Eligible grantees receive an allotment of the Head Start funds in proportion to the number of children aged 5 and younger from families with incomes below 130% of the poverty line residing within their State.
- Eligible grantees must provide a 20% match to all Federal Head Start funds granted, consistent with current law.
- All funds must be used for prekindergarten education, administration of the programs, and to provide direct technical assistance, oversight, monitoring, research and training.
What it Does:
- Puts more money in the classroom instead of the Washington bureaucracy
- Gives states and local officials and parents greater control over improving the Head Start program
- Ensures the program will better serve the interest of low-income families with young children
