On the recordJuly 11, 2016
Mr. Chair, the amendment carves out of the bill regulations on lead and copper in drinking water. In so doing, it would preserve unelected bureaucrats' broad discretion to impose on the public overarching statutory and regulatory interpretations in this policy area. This amendment would all but guarantee that these unaccountable bureaucrats won't have to worry any more than they do right now about courts checking on their self-serving interpretations. It would let agencies get away with just as much as they do right now in basing overreaching regulations on tortured interpretations of existing statutes instead of coming to Congress for new legislation because the plain terms of existing law really don't support what they want to do. In short, the amendment seeks to perpetuate the Chevron and our doctrine's weakening of the separation of powers, a weakening that threatens liberty and that undermines the accountable government of, by, and for the people. Mr. Chair, no one denies that drinking water regulation is important, but no area of regulation is so important that it should allow unelected bureaucrats to avoid a vigorous system of checks and balances that our Framers intended, a system that this bill would restore.…





