U.S. Sen. Roger Wicker (R-MS) grilled Assistant Secretary of the Army Civil Works Jo-Ellen Darcy during a Fisheries, Water and Wildlife Subcommittee hearing last week regarding the development of the controversial Waters of the U.S. (WOTUS) rule.
The rule, which went into effect in 37 of the 50 states in August, redefined the “waters of the United States” under the Environmental Protection Agency’s (EPA) Clean Water Act, giving the agencies unprecedented authority to regulate streams, wetlands, ponds and ditches.
Specifically, Calvert wanted to know about how the U.S. Army Corps of Engineers and the EPA worked together when writing and reviewing the terms of the rule. His interest in the topic was piqued after General John Peabody, deputy commanding general for civil and emergency operations with the Corps of Engineers, submitted a letter to Darcy after the release of the final rule draft that implied the WOTUS rule was not created with input from the Army Corps of Engineers.
“I have doubts about the legality of this rule,” Wicker said during the hearing. “My concern lies with the multiple contradictions between the preamble of the final rule and Gen. Peabody’s letter, which stated that the two agencies did not mutually agree on the draft final rule. The general’s letter also implies that the Army Corps was limited in its ability to provide input. Additionally, there is some discrepancy regarding the case-specific determinations allegedly used in developing this potentially harmful rulemaking.”