ST. PAUL, MINN— On Tuesday, July 21, 2015, Rep. Dan Fabian (R-Roseau) and eleven other Greater Minnesota legislators sent a letter to Attorney General Lori Swanson, asking her to add Minnesota to the growing coalition of states challenging the Environmental Protection Agency (EPA) over their expanded rulemaking authority under the Waters of the United States Rule and the Clean Water Act.
To date, more than half of the states have filed a lawsuit against the EPA, citing that their new rule, set to go into effect August 28, goes beyond the scope of their constitutional powers and will greatly expand federal authority over state waters. Neighboring states including Wisconsin, North Dakota and South Dakota are included on the list of states bringing this issue to a federal court.
"The EPA and Army Corps of Engineers have greatly overreached with this new Waters of the United States Rule, usurping power from state and local leaders, and expanding their oversight to include wetlands, ponds and even ditches," said Rep. Fabian. "Not only will this add new levels of burdensome regulations for Minnesota citizens, small businesses and farmers, but it also takes away our ability to manage our waters at the state level—something I think Minnesota already does very well."
The full letter reads as follows:
July 21, 2015
Minnesota Attorney General Lori Swanson
1400 Bremer Tower
445 Minnesota Street
St. Paul, MN 55101
Attorney General Swanson,
We are writing to encourage you to add Minnesota to the growing coalition of states challenging the Environmental Protection Agency (EPA) and U.S Army Corps of Engineers' expanded powers under the new Waters of the United States rule and Clean Water Act (CWA). Minnesota has a proud history of protecting our environment here at the state level. The significantly expanded scope of federal power under EPA rulemaking will undermine state regulatory authority, as well as cut out the voices of small businesses, state leaders, farmers and other individuals in our communities.
This new rule, set to go into effect August 28, redefines virtually all waters in the country, expanding the scope of federal authority to include seasonal streams, wetlands, ponds and ditches—a far expansion from navigable waters as defined under the CWA. This far reaching broadening of federal authority will create significant economic risk and uncertainty for agriculture and other businesses in our state. Furthermore, our state already has laws regulating and protecting these bodies of water, and the federal government usurping that jurisdiction from elected state leaders and local officials will in effect take away the flexibility to manage our waters as we best see fit, in addition to increasing the burdensome and complicated regulations on Minnesota citizens.
We respectfully ask that you add Minnesota to the growing list of states challenging the EPA's rulemaking authority in a federal court of law. By adding Minnesota as a plaintiff, we will be a strong voice for states' rights and hopefully, help stop the alarming expansion of federal authority over state waters.
Thank you for your time and attention to this matter. We look forward to your response.
The letter was signed by twelve representatives including Rep. Dan Fabian, Rep. Steve Green, Rep. Jeff Backer, Rep. Dave Hancock, Rep. Jason Rarick, Rep. Peggy Bennett, Rep. Dave Baker, Rep. Deb Kiel, Rep. Tim Miller, Rep. Dale Lueck, Rep. Brian Daniels and Rep. Josh Heintzeman.