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Abbott opposes EPA proposal to regulate ‘ditches’
AUSTIN -- Texas Attorney General Greg Abbott released the following statement Aug. 11 on proposed federal regulations that unlawfully claim the Environmental Protection Agency’s (EPA) Clean Water Act authority extends to stock tanks, small ponds, and even dry ditches:
“The EPA has no authority to regulate dry ditches and stock tanks on private property -- but that is exactly what the Obama administration is trying to achieve under new rules proposed by the EPA and the Corps of Engineers. First, the EPA has attempted to regulate ‘emissions’ from schools, churches, and apartment buildings, and now they are claiming they can micromanage dry ditches on private property. So today we are beginning the first step in the process of challenging these proposed regulations, which are unlawful and exceed the EPA’s authority to regulate navigable waters.”
Under the Clean Water Act, the EPA only has authority to regulate “navigable waters.” Under new regulations proposed by the EPA and the Army Corps of Engineers, the Obama administration is proposing to dramatically expand the EPA’s regulatory authority by claiming that “navigable waters” includes solitary ponds on private property and even what the EPA’s own proposal refers to as “ditches.”
Attorney General Abbott submitted formal comments Aug. 11 to the EPA and the Corps of Engineers opposing the proposed regulations and explaining that the EPA is attempting to regulate private property that clearly falls outside the agency’s jurisdiction.
Deadline to submit a formal comment is Monday, Oct. 20.
Submit Clean Water Act comments
Submit your comments, identified by Docket ID No. EPA-HQ-OW-2011-0880, by one of the following methods:
•Federal eRulemaking Portal: http://www.regulations.gov.
•Email email@example.com. Include EPA-HQ-OW-2011-0880 in the subject line of the message.
•Send the original and three copies of your comments to: Water Docket, Environmental Protection Agency, Mail Code 2822T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Attention: Docket ID No. EPA-HQ-OW-2011-0880.
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