CLEAN WATER ACT – States findings of the Legislature and requests federal action.
Summary
House Joint Memorial No. 13 (HJM013) is a resolution from the Idaho Legislature that addresses the jurisdiction of the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers over 'waters of the United States' (WOTUS) as defined by the Clean Water Act (CWA). The bill references the Supreme Court case Sackett v. EPA, which clarified the standards for determining WOTUS, emphasizing that only wetlands with a continuous surface connection to navigable waters should fall under federal jurisdiction. The resolution asserts that the federal agencies have not adhered to this standard, leading to adverse effects on Idahoans, particularly in agriculture, housing, and infrastructure projects.
The memorial calls for the federal agencies to implement the Sackett decision and to cease asserting jurisdiction over intermittent and ephemeral streams, which are not considered WOTUS. It urges the agencies to update their guidance and training materials to reflect current law and requests Idaho's congressional delegation to support legislation that codifies these standards into the CWA. The resolution aims to ensure that Idahoans are not subjected to outdated federal regulations that hinder local development and compliance efforts.
Impact
If adopted, HJM013 would reinforce Idaho's position regarding federal jurisdiction over water resources, potentially limiting the scope of federal oversight in favor of state and local governance. This could lead to changes in how water-related projects are permitted and regulated in Idaho, potentially reducing compliance costs and expediting project timelines. The resolution seeks to protect Idaho's interests in agriculture, housing, and infrastructure by advocating for a more predictable regulatory environment that aligns with the Supreme Court's interpretation of the CWA.
Sentiment
The sentiment surrounding HJM013 appears to be largely supportive within the Idaho Legislature, as evidenced by the strong voting outcome of 62 in favor and only 1 against during the House Third Reading. The discussions leading up to the vote indicate a consensus on the need for clarity and adherence to the legal standards established by the Supreme Court, reflecting a desire to protect state interests from perceived overreach by federal agencies.
Contention
Notable points of contention include the ongoing debate over the extent of federal jurisdiction under the Clean Water Act and the implications of the Sackett decision. While proponents argue that the resolution is necessary to protect Idaho's rights and interests, opponents may contend that limiting federal oversight could lead to environmental degradation and insufficient protection of water resources. The differing views on the balance between state autonomy and federal environmental regulations are central to the discussions surrounding this bill.
States findings of the Legislature and requests Idaho work with the federal government to reform certain federal acts that impede the production and processing of minerals in Idaho.
States findings of the Legislature, expresses concern and opposition towards the Lava Ridge wind energy project, and requests additional federal intervention.
States findings of the Legislature, commends approval of the Stibnite Gold Project, and requests the remaining permits for the project be expeditiously processed and approved.
States findings of the Legislature and urges federal lawmakers to work in good faith to reform federal permitting and environmental review processes to expedite the deployment of modern energy infrastructure.
States findings of the Legislature and opines that a federal pardon issued by a president does not confer immunity from prosecution or responsibility for state crimes.