Dirty Water: It’s a State’s Right!

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From the Department of Orwellian bill titles, today we have the “Clean Water Cooperative Federalism Act of 2011.” Cooperation! What a nice word. But in the case of the bill being considered today in the House Transportation and Infrastructure Committee, what that actually means is taking away federal oversight when it comes to the Clean Water Act, one of the nation’s landmark environmental laws.

The bill’s text is here. The committee described the bill like this in a press release:

The bill amends the Clean Water Act (CWA) to restore the long-standing balance between federal and state partners in regulating the nation’s waters, and to preserve the system of cooperative federalism established under the CWA in which the primary responsibilities for water pollution control are allocated to the states. The bill restricts EPA’s ability to second-guess or delay a state’s permitting and water quality certification decisions under the CWA after the federal agency has already approved a state’s program.

Translated, that means that the bill would give states, not the federal government, the ultimate control over upholding the Clean Water Act on a number of permitting issues. In practice this would mean each individual state gets oversight over water policy, taking us back to the days of the Cuyahoga River fire and Love Canal, before Congress passed a federal law in 1972.

The bill is bipartisan, sponsored by Rep. John Mica (R-Fla.), Nick Rahall (D-W.Va.), and 32 others. Mica is hot and bothered about the Environmental Protection Agency’s efforts to address nutrient pollution in Florida’s waterways. Rahall is mad that the EPA rejected an application to dump strip mining waste from a mountaintop removal site in West Virginia. At least we can get representatives from both sides of the aisle to agree  on undermining the nation’s foundational environmental laws!

HERE ARE THE FACTS:

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ONE MORE QUICK THING:

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As we wrote over the summer, traffic has been down at Mother Jones and a lot of sites with many people thinking news is less important now that Donald Trump is no longer president. But if you're reading this, you're not one of those people, and we're hoping we can rally support from folks like you who really get why our reporting matters right now. And that's how it's always worked: For 45 years now, a relatively small group of readers (compared to everyone we reach) who pitch in from time to time has allowed Mother Jones to do the type of journalism the moment demands and keep it free for everyone else.

Please pitch in with a donation during our fall fundraising drive if you can. We can't afford to come up short, and there's still a long way to go by November 5.

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