The Omnibus federal government funding bill failed to include a prohibition on funds to enforce the Environmental Protection Agency (EPA) and Army Corps of Engineers’ (Corps) controversial “Waters of the U.S.” (WOTUS) rule. But the legislation did include a provision that restricts the application of the rule in agricultural areas, including farm ponds and irrigation ditches. The rule would impact the apartment housing industry by significantly expanding the scope of lands that will be subject to federal permitting requirements under the Clean Water Act.
Although the prohibition had support in both the Senate and House, provisions like the water rule that had been targeted for veto by President Obama, were left on the cutting room floor to ensure overall passage of the omnibus.
A federal court has stayed the implementation of the flawed rule nationwide. Until the courts reach a final decision, EPA and the Corps will continue to be guided by the definition of WOTUS in the Clean Water Act.
In related news, the rule drew more controversy on Dec. 14 when the Government Accountability Office released a report that found EPA’s social media campaign promoting the water rule violated legal provisions that bar federal agencies from lobbying. The agency has rejected the GAO’s finding. Oversight hearings on Capitol Hill are likely in the spring.
Provided by NMHC as part of the NAA/NMHC Joint Legislative Program