Latest News, Regulatory Updates OSHA Alerts 15,000 Worksites Regarding High Injury Rates, Includes Metalcasting Facilities U.S. Senate Focusing on Series of Jobs Bills, Tax Breaks Could Benefit Metalcasting Facilities Action Alert: Vote Yes to Resolution Prohibiting EPA from Regulating GHG Emissions Ohio, Indiana Announce Availability of Energy Funds Through the American Recovery and Reinvestment Act Click for All the Latest News & Regulatory Updates

Key Links Home Information Resources & Federal Website Links Directory of Lawmakers U.S. Senate U.S. House of Representatives Become Involved in Government Affairs AFS/NADCA Government Affairs Committee 2010 Metalcasting Alliance for Government Affairs Conference Congressional Plant Tours

Clean Water Restoration Act

Background: Senator Russ Feingold (D-WI) reintroduced the Clean Water Restoration Act (S.787) at the beginning of April with 24 co-sponsors. The legislation had previously been considered in 2007: In the House, the bill garnered the support of more than 150 co-sponsors, but the measure was never voted on.

It would delete the term “navigable” from the CWA and replace it with “Waters of the United States.” This action would have far reaching effects, taking jurisdiction over all intrastate waters away from the states and giving it to the Corps of Engineers and EPA. The Supreme Court has ruled in recent years that the federal government overreached the definition of a navigable water, but the justices could not agree on the proper legal standard to apply to determine federal jurisdictions. The court has remanded the case back to the lower courts for further proceedings.

Impact: This legislation would create the greatest expansion of the Clean Water Act (CWA) since it was signed into law in 1972. It would increase the federal role beyond protecting wetlands and waters and give federal jurisdiction over all waters in the U.S. Specifically, the government would have the jurisdiction to regulate everywhere that rainwater happens to flow, including pipes, roadside ditches and even gutters. The result would be massive permitting delays, as well as preemption of state and local land and water use decisions.

Outlook: The Senate Committee on Environment and Public Works approved the controversial Clean Water Restoration Act (S. 787) on a party-line vote of 12-7 on June 18th, despite strong objections from the manufacturing, farming and mining industries.

Two Republican Senators have placed holds on the bill, making it unlikely that it will see floor time in the near future. Similar legislation in the House has yet to be introduced; however, the Chairman of the Transportation Committee, James Oberstar (D-Minn.), has indicated his strong support for similar legislation.

AFS is very concerned that S. 787 would create a regulatory nightmare for the industry, open the door to lawsuits by over-zealous environmental groups and delay projects and increase costs. In its current form, the association opposes the bill and encourages its members to email your Senators in opposition to S. 787. A sample opposition letter is posted below.

For more information, contact Stephanie Salmon, Metalcasting Industry Government Affairs Washington Office, at ssalmon@afsinc.org or 202/842-4864.

DOWNLOAD THE SAMPLE SENATE LETTER OPPOSING THE CLEAN WATER RESTORATION ACT (S.787)