HomeMy WebLinkAboutResolutions - 2015.01.14 - 21647Miscellaneous Resolution .#15001
BY: Commissioner Shelley Taub, District #12
RE: BOARD OF COMMISSIONERS — OPPOSITION TO PROPOSED FEDERALIZATION OF WATERWAYS
TO: Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the Environmental Protection Agency (EPA) has formally proposed a new rule re-defining
their regulatory authority to include nearly every waterway and watershed in the country; and
WHEREAS this rule seeks to fundamentally change federal law, overriding the Clean Water Act's
provision to "recognize, preserve and protect the primary responsibilities of the states" to regulate and
protect the water contained within their borders; and
WHEREAS the proposed rule appears to grant federal agencies authorities not specifically granted to
them by the Clean Water Act, and
WHEREAS the proposed expansion of authority would include waters that have a "significant nexus"
with existing regulated waterways, a term that does not appear in the Clean Water Act; and
WHEREAS the WOTUS (Waters of the United States) rule seeks to overturn U.S. Supreme Court rulings,
primarily Solid Waste Agency of Northern Cook County v. US. Army Corps of Engineers and Rapanos v.
United States, that limit the scope of the EPA regulatory authority; and
WHEREAS the Detroit News has reported that "The Army Corps of Engineers and the Environmental
Protection Agency want to redefine "waters of the United States" subject to regulation to include
nearly every pond, wetland, ditch, drain and dry and pothole in the country. Virtually no body of water,
no matter how small, would be out of reach"; and
WHEREAS during the required comment period following publication of this proposed rule, over
870,000 comments were filed with the EPA; and
WHEREAS an objection filed by 375 business and trade associations states "the proposed WOTUS rule
would have a devastating impact on businesses of all sizes, States, and local governments without any
real benefit to the environment"; and
WHEREAS the National Association of Counties has expressed objections that the proposed rule greatly
increases the number of county-owned drains and roadside ditches under federal jurisdiction while
failing to address long permit delays and the regulatory cost burden on local government; and
WHEREAS H.R. 5078 would prohibit the Corps or EPA from finalizing the proposed "waters" rule or
using that proposal or similar proposed rule or guidance as the basis of any rulemaking on the scope of
Clean Water Act jurisdiction, and it would require withdrawal of the interpretive rule; and
WHEREAS H.R. 5078 passed the U.S. House Representatives in 2014 with significant bi-partisan
support; and
WHEREAS the scientific study that supports the proposed rule is still under review and the
promulgation of a rule based on the scientific evidence is premature, and
WHEREAS public comment on the proposed rule should be reopened when the final scientific evidence
has been made available for public consideration; and
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners oppose the
federalization of waterways proposed by the Environmental Protection Agency and the Army Corp of
Engineers in the April 21, 2014 Federal Register.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners calls upon Oakland
County's representatives in the U.S. House of Representatives and the U.S. Senate to take
appropriate action to halt further consideration of this rule and require that agencies re-open the
comment period when the final scientific evidence is available to the public.
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BE IT FURTHER RESOLVED that the Clerk of the County of Oakland is directed to submit a copy of this
resolution to Congressman David Trott, Congressman Michael Bishop, Congressman Sander Levin,
Congresswoman Brenda Lawrence, U.S. Senator Debbie Stabenow, U.S. Senator Gary Peters, U.S.
Senator John Thune, the Environmental Protection Agency, the Army Corps of Engineers and the
President of the United States.
Chairperson, I move the adoption of the foregoing Resolution.
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Resolution #15001 January 14, 2015
The Chairperson referred the resolution to the General Government Committee. There were no
objections.