ARTBA submitted written testimony June 11 to the House Transportation & Infrastructure Committee sternly critiquing a proposed rule issued by the U.S. Environmental Protection Agency (EPA) that attempts to lay the groundwork for expanding Clean Water Act (CWA) jurisdiction to include a wide variety of U.S. water bodies not currently regulated at the federal level. The association specifically faulted EPA for taking an overly broad view of what constituted a “connection” between different waters and took particular issue with the proposal’s treatment of roadside ditches, which ARTBA contends are unique and distinct from the other water bodies and should not be subject to federal wetlands regulation. ARTBA also noted EPA’s proposal attempts to expand federal regulatory reach under the CWA to such an extent that a substantial increase in project delays could occur as a result of increased permitting burdens placed on transportation projects along with greater opportunities for litigation by project opponents. Read ARTBA’s written testimony.
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