On the recordNovember 2, 2023
We all want clean water. This rule has nothing to do with that. This has to do with the EPA controlling and dictating matters that they have no business being involved with. This proposal will put many pending projects at risk, including mining projects, and it will force the courts to make the final determinations with regard to such projects by interpreting and applying two extremely vague and ambiguous provisions included in the new rule. This situation will ultimately result in a significant loss of investment in mining projects throughout the country, and it will cause greater regulatory uncertainty and inefficiency. My amendment will block the EPA from implementing this wrongheaded rule, and I urge my colleagues to vote in favor of it. Not only does this rule broaden reviews and jurisdiction for permit requirements, but it substantially expands the jurisdiction of States to regulate even those waters that are not considered navigable waters of the United States as required by the Clean Water Act. The Wyoming Department of Environmental Quality had this to say about the rule: We are deeply concerned with EPA's blatant claims in the preamble of the rule to use the section 401 certification process as a mechanism to expand Federal jurisdiction in waters that are not waters of the United States.…





