SF 2857

as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 08:15am

A resolution
opposing Environmental Protection Agency regulations that would expand federal
jurisdiction over waters and lands without Congressional approval.

WHEREAS, the United States Environmental Protection Agency (EPA) is in the process of
finalizing regulations that would significantly expand federal jurisdiction over waters and lands
pursuant to the 1972 Federal Water Pollution Control (Clean Water) Act; and

WHEREAS, with bipartisan support, Congress has rejected legislation that proposed to
expand federal jurisdiction over the 1972 Act; and

WHEREAS, since 2001, the United States Supreme Court, on at least four occasions, has
ruled to limit federal jurisdiction under the 1972 Act; and

WHEREAS, the Minnesota Legislature has, on several occasions, supported state and local
alternatives to federal authority over lands and waters, including bipartisan approval of a state
water rights statute in 1995; NOW, THEREFORE,

BE IT RESOLVED by the Legislature of the State of Minnesota that it opposes EPA
regulations that would expand federal jurisdiction over lands and waters without approval by
Congress.

BE IT FURTHER RESOLVED that the Minnesota Legislature requests that the governor
and Minnesota's Senators and Representatives in Congress publicly express their support for
this resolution.

BE IT FURTHER RESOLVED that the Secretary of State of the State of Minnesota is
directed to prepare enrolled copies of this memorial and transmit them to the President of the
United States, the President and the Secretary of the United States Senate, the Speaker and
the Clerk of the United States House of Representatives, the chair of the Senate Committee
on Environment and Public Works, the chairs of the House Transportation and Infrastructure
Committee and Water Resources and Environment subcommittee, and Minnesota's Senators
and Representatives in Congress.