Oberstar’s Water Bill Sets Up Biggest EPA Power Grab Yet

In testimony to Congress in 2007, Reed Hopper of the Pacific Legal Foundation, the lead counsel in the successful Rapanos Supreme Court case, said this about an earlier version of the Oberstar bill:

“This definition of federal authority is not a ‘restoration’ of congressional intent. It far exceeds the jurisdictional scope of the current Clean Water Act as it appears in the text of the statute. It even exceeds the extravagant scope of the existing federal regulations on which this definition is, in part, based. Indeed, with its claim of authority over ‘all interstate and intrastate waters’ this bill pushes the limits of federal power to an extreme not matched by any other law, probably in the history of this country. Neither an ornamental pond not the proverbial kitchen sink are excluded.”

Clean water is a worthy goal, and our country has made remarkable progress towards it. But such a vast federal power grab will undermine local decisions and obliterate private property rights. Congress appears determined to seize power over all aspects of our lives, but most Americans understand the wisdom of our Constitutional system and know that local land and water regulation should remain local. Today Oberstar reintroduces his bill. If members of Congress move forward with Oberstar’s massive water and land grab, voters must hold them accountable in November.

Phil Kerpen is vice president for policy at Americans for Prosperity. He can be reached on Twitter, Facebook, and through www.philkerpen.com.