It comes as no surprise that I rise in opposition to this amendment. In 2006, the Supreme Court determined the EPA and the Corps of Engineers did not have the authority to regulate nonnavigable waters under the Clean Water Act. I am certain the EPA's final rule violates that. From day one, the EPA claimed that they were not expanding the waters under their jurisdiction, but we now know that those permits will be required and that the final rule is worse than proposed. Twenty-seven States have now filed lawsuits challenging the legality of EPA's rule, so the Agency again finds itself on shaky legal ground, both on process and substance. The language in the bill protects the authority of the States by preventing the EPA from implementing its regulation and expanding its jurisdiction. The language needs to stay in, so I urge a ``no'' vote on the amendment. I yield such time as he may consume to the gentleman from Idaho (Mr. Simpson).
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