Yesterday the House Transportation and Infrastructure Committee approved H.R. 2018, the “Clean Water Cooperative Federalism Act of 2011.” Environmental groups have dubbed this legislation the “Dirty Water Bill of 2011.” Iowa Democrat Leonard Boswell was in the majority that approved the bill 35 to 19, even though no the committee held no public hearings to determine the bill’s impact on water pollution. The roll call (pdf) shows that 30 Republicans and five Democrats voted yes, while 18 Democrats and one Republican voted no.
H.R. 2018 would amend the Clean Water Act “to preserve the authority of each State to make determinations relating to the State’s water quality standards, and for other purposes.” The House Transportation Committee says the bill “restricts EPA’s ability to second-guess or delay a state’s permitting and water quality certification decisions under the CWA after the federal agency has already approved a state’s program.” So, in states where major polluting industries have political clout, citizens would lose federal water quality protections. As Kate Sheppard observes, “In practice this would mean each individual state gets oversight over water policy, taking us back to the days of the Cuyahoga River fire and Love Canal, before Congress passed a federal law in 1972.”
Members of Congress introduced this bill last month in response to draft guidelines that the Environmental Protection Agency and Army Corps of Engineers released in April. Those guidelines were designed to address two Supreme Court rulings from the past decade, which “narrowly interpreted the scope of waters covered by the [Clean Water] Act, putting in doubt pollution safeguards for many vital wetlands, lakes and streams.” Click here for more background on those court rulings.
Boswell is the only Iowan currently serving on the transportation committee. His office did not release a statement on H.R. 2018 and has not yet responded to my request for comment on why he voted for this bill. I will update this post with Boswell’s explanation if and when I receive it. The EPA has said that agricultural runoff is the biggest source of pollution in U.S. waterways. Boswell’s voting record has generally aligned with agribusiness interests, and it’s been obvious for decades that Iowa policy-makers have failed to adequately control agricultural pollution.
Eight-term incumbent Boswell faces a tough re-election contest next year against nine-term Republican Representative Tom Latham in the Iowa’s new third Congressional district. It’s a relatively balanced district in terms of voter registration, but Latham is likely to have much more money to spend on his campaign. To win another term, Boswell will need to outperform the top of the Democratic ticket in rural areas of the new IA-03.
After the jump I’ve posted the full text of H.R. 2018, along with a Sierra Club statement describing it as “the most significant weakening of the Clean Water Act since Congress enacted comprehensive federal clean water legislation in 1972.” During yesterday’s committee meeting, Democrat Tim Bishop of New York offered an amendment seeking to neutralize this bill. His amendment stated that none of the provisions in the Clean Water Cooperative Federalism Act “would apply to waters that are a source for public drinking water, provide flood protection, are a valuable fish and wildlife habitat, or are coastal recreational waters.” The committee defeated his amendment by voice vote.
FRIDAY UPDATE: Still no comment from Boswell’s office on this vote. I have added below the House Transportation Committee’s summary of H.R. 2018.
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