The River Blog

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Dirty Water Bill in the House

Stacey Detwiler, Associate, Conservation & Government Relations
June 15, 2011 | Water Pollution


The latest attack on clean water takes the form of the ‘Clean Water for Cooperative Federalism Act of 2011’ (H.R. 2018) [PDF] introduced by Representative Jon Mica (R-FL). More accurately titled the “Dirty Water Act of 2011,” this bill has very little to do with actually protecting and restoring clean water supplies for our communities. Instead, this bill threatens the very safeguards in the Clean Water Act [PDF] that protect our safe, clean water.

Specifically, the bill attacks the shared responsibility between the states and the federal agencies for clean water. This careful balance allows states to take most of the responsibility for clean water programs, but ensures that the Environmental Protection Agency (EPA) has sufficient oversight to make sure citizens in all states have similar access to clean and safe water. As an example, the bill removes the EPA’s authority to object to state-approved permits under the National Pollutant Discharge Elimination System (NPDES), which was put in place to manage discharges of pollutants into our water. The EPA would also lose its ability to revise state water quality standards when those standards fail to protect clean water without approval from the states.

The bill also takes away EPA’s authority to veto dredge and fill permits [PDF] issued by the Army Corps of Engineers when a proposed activity would discharge dredge or fill materials into our rivers, lakes, and streams. Activities like mountaintop removal mining, for instance, where the tops of mountains are blown off to expose coal seams and the surrounding valleys and streams are filled with discarded rubble, would no longer be subject to veto by the EPA. This veto authority is scarcely used – it has only been employed 13 times. But when EPA does use this authority, it’s to stop projects that harm people and clean water.

In other words, this bill turns the Clean Water Act on its head by removing important checks on state programs.

With all of the “job-killing regulations” rhetoric floating around these days, it’s easy to forget that it is the responsibility of federal agencies like the EPA to protect the public, ensuring that we have clean air to breathe and safe water to drink. Safeguards put in place to protect us often have compliance costs, but time and again their benefits have been shown to outweigh these costs. In fact, a study by the Office of Management and Budget (OMB) shows that between 2000 and 2010, the benefits of major regulations far exceeded the costs [PDF].

Across the country, people want and expect our waterways to be protected and believe that clean water is an American value. In a recent Gallup poll, concerns about polluted water tops the list of environmental concerns among Americans.

When Congress adopted the Clean Water Act in 1972, it was to prevent pollution and protect clean water - relying on a careful balance between state and federal responsibility and public participation. This dirty water bill disrupts this balance and threatens the health of rivers, lakes, and streams across the country.


Comments List

Submitted by John P. Stoltenberg, P.E. at: July 20, 2011

Part of the solution is to keep all of the municipal water systems in public hands in order that local people have control of their water supplies. In other words, no privatization of any municipal water systems. Also, we need enormous improvements in the infrastructure in America that can only be provided by ending the wars we are in, raising the taxes on the wealthy, and drastically downsizing the military.


Submitted by Patricia at: July 20, 2011

Without clean water life will end on this planet. The more we polute the faster things will be destroyed.


Submitted by Vickie Brown at: July 2, 2011

We are destroying the very life of animals in the water plus ourselves. We MUST have clean water.


Submitted by rxshun at: June 29, 2011

Keep blaming the Republican party for everything,who controls the senate? Who is in the White House,a man that has never even been near a river,or held a fishing pole.This is why this country can't get anything done.Blame the Repu


Submitted by Boyd jenkins at: June 29, 2011

The Supreme Court is a separate entity to who is in the White House. The fact is both parties have had an affect on allowing polluters to get away with some nasty stuff with nothing more than a wrist slap for punishment. Republicans like big business and big business will always use surreal statistics to their argument that politician re-uses! One day we will all have to lock boats (like hands across American to show our strength in numbers; from one stream to the next!


Submitted by John Davis at: June 23, 2011

A lot of people don't know about this assault on clean water by the Republicans. Anyone care to join me in writing a letter to the editor? The more light we shine on these guys, the less likely they are to cause damage.


Submitted by frank at: June 21, 2011

republicans want EPA of of the way ,so they can rape the land for profit.


Submitted by bruce cohen at: June 21, 2011

In light of the Supreme Court decision yesterday that supports the EPA over the states in environmental matters the Mica bill(H.R.2018) should be dead on arrival.


Submitted by randy sailer at: June 21, 2011

we need to protect the clean water act from the continued onslaught of pro-polluters


Submitted by Judith Vincent at: June 21, 2011

Here in Salem, Oregon we are blessed with wonderful water, but just a few miles away there are dozens of communities that are not, water shouldn't smell this bad. Everyone need clean SAFE TO DRINK water.


Submitted by Kirk Giloth at: June 15, 2011

This does not surprise me, the house republicans are assaulting any environmental federal laws that impeded their pro business agenda. These federal laws are designed to protect the public @ large, not the special interests.


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