The expansion of federal jurisdiction, broader definitions and regulation of new areas that are not jurisdictional and the increase in regulatory uncertainty were stated in a recent policy statement by The Energy Council as some of the reasons the Environmental Protection Agency (EPA) should withdraw the proposed “Waters of the U.S.” rule.  In the December 2014 policy statement, The Energy Council calls for a replacement proposed rule to reflect the necessary consultations that should take place with the States.          

           “As co-regulators of water resources, States should be fully consulted and engaged in any process that may affect the management of their waters.  However, EPA and the Corps have failed to consult meaningfully with the States in developing the proposed rule, thus undermining the cooperative federalism at the heart of the CWA,” says The Energy Council.

            Additionally, the Energy Council urges the EPA to conduct a more accurate cost-benefit analysis and fully identify impacts of the revised proposal on energy resource development and the energy industry as a whole.

The Energy Council Policy Statement on WOTUS rule