Rounds Questions Army Corps Official on WOTUS Rule

WASHINGTON —U.S. Senator Mike Rounds (R-SD), a member of the Senate Environment and Public Works (EPW) Committee, today at a hearing questioned U.S. Army Corps of Engineers Assistant Secretary of the Army (Civil Works) Jo Ellen Darcy on her agency’s participation in the development of the final Waters of the U.S. (WOTUS) rule. WOTUS dramatically expands the federal government’s jurisdiction under the Clean Water Act – far beyond what Congress intended – by requiring onerous and unnecessary new reporting requirements.

During Rounds’ questioning, Darcy confirmed that the WOTUS rule is a major rule with wide-ranging economic and political implications. This contradicts an Office of Management and Budget (OMB) conclusion that it was not economically significant and did not warrant additional review and analysis prior to being implemented.

ROUNDS: In your testimony, you indicated that 404 permits were a critical part of the responsibility of the Corps in terms of determining the issue, and that they impact the quality of water. But, it impacts [industries] because they want [economic certainty] as well. Fair statement?

DARCY: Yes.

ROUNDS: You understand how critical – and the reason why – [this rule] is so important for a lot of people out there – the business community, a lot of people depending on the availability of access to the shores and so forth – this is a pretty important economic decision, isn’t it?

DARCY: Yes…

Further, Darcy confirmed to Rounds that 31 states are currently involved in 22 lawsuits over the WOTUS rule, making it one of the largest political issues the Army Corps has been involved with.

ROUNDS: I think you were right that this is a very important rule that you have made some interpretations on. Fair to say?

DARCY: It is a very important rule. I think it’s a generational rule for the Clean Water Act.

ROUNDS: If we look at not just the combination of what is in this particular case, the political outlook for all of these states, and we have this many bodies all sitting side-by-side challenging what has been done… And then you look at the impact economically in terms of the significant changes it could make with regard to the number of 404 permits; the number of individuals – whether they are farmers and ranchers – this is one of the biggest political and economic deals you have been involved with in perhaps a generation. 

Click HERE to watch Rounds' questioning in full.