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U.S. Representative Kristi Noem today joined 231 Members of Congress from both sides of the aisle in a letter to Environmental Protection Agency Administrator Gina McCarthy and Secretary of the Army John McHugh, urging their agencies to withdraw a proposed navigable waters rule. The rule of concern would expand the federal government’s control over small and seasonal bodies of water throughout South Dakota.

“I am extremely concerned by the EPA and U.S. Army Corps of Engineers’ recent assertion that ditches, prairie potholes, and seasonally wet areas should be under the federal government’s control,” said Rep. Noem. “The proposed rule was built on an incomplete scientific study and a flawed economic analysis, which is why we have asked the EPA to withdraw the rule.”

On March 25, 2014, the EPA and U.S. Army Corps of Engineers proposed a rule that would assert Clean Water Act jurisdiction over nearly all areas that connected to navigable waters. As written, the rule aggressively expands federal authority under the Clean Water Act while bypassing Congress and creating unnecessary ambiguity.