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EPA's new rules on water exceed proper authority

by Webb Brown
| June 13, 2015 9:00 PM

Last week, the Environmental Protection Agency pushed forward new rules through the Clean Water Act, declaring their jurisdiction over many water bodies that were previously under the supervision and control of state and local governments.

This move is yet another act of federal government overreach and an attempt to take control away from the states that will result in rising costs for small businesses and economic downturn.

These regulations were adopted over the strenuous opposition of nearly every legitimate agriculture organization, business association and local government coalition. We applaud Sen. Steve Daines and Congressman Ryan Zinke for their outspoken attempts to stop the rule.

Over the past few decades, Montana has made tremendous strides in protecting and improving our state’s water quality. Though the path hasn’t always been an easy one, Montana’s homegrown approach has produced excellent results that benefit our environment without harming small business.

Today, with Montana’s population exceeding 1 million people, our access to fresh, clean water has never been better.

The EPA’s new regulations do little to improve Montana’s water quality while greatly expanding the federal government’s power to regulate, fine and interfere with small businesses across our state.

The rule’s overly broad language places millions of additional acres of private land under federal jurisdiction. The rule is so extreme that the federal government will actually regulate certain roadside ditches, isolated ponds and channels that may only flow after a heavy rainfall.

This means, that the EPA now has the opportunity to regulate virtually every farm, ranch and construction site in Montana. It also means county infrastructure budgets will be stretched even further.

Such intrusive federal encroachment is bad governance and will inevitably lead to bureaucratic delays, increased costs and mitigation fees, and ultimately, decreased economic activity.

The new rules go well beyond what Congress intended the Clean Water Act to protect, and is now encroaching on Montanans’ private property rights.

We are thankful to Sen. Daines and Rep. Zinke for standing up for Montanans, and we are publicly standing with them against this big-government encroachment on our state rights.


Webb Brown represents the Montana Chamber of Commerce. He is joined in signing this opinion by represenatives of the Montana Building Industry Association, Montana Farm Bureau Federation, Montana Association of Counties, Montana Water Well Drillers Association, Montana Mining Association, Montana Petroleum Association, Montana Agricultural Business Association, Montana Coal Council, Montana Contractors Association, Montana Association of Realtors, and the Montana Stockgrowers Association.