2015 Michigan REALTOR® President Gene Szpeinski and Michigan REALTOR® CEO Bill Martin are requesting your help. The Environmental Protection Agency is currently proposing a significant expansion of its regulatory authority concerning water within Michigan’s borders. As you may know, nearly every sector of the economy – including agriculture, housing, and energy production – needs permits required under the Clean Water Act (CWA) to conduct their daily operations. Just as importantly, private property owners who want to develop their own land must also obtain these permits. The Supreme Court has affirmed that both the U.S. Constitution and the CWA limits federal authority over intrastate waters (traditionally navigable), yet EPA and the Corps - through this proposed rule - are attempting to expand the scope of federal jurisdiction beyond anything that ever existed under the CWA – essentially opening the door to regulation over the majority of water within our state. An expanded scope over more waters of the U.S. will mean more waters under EPA jurisdiction, more permits, and loss of property rights. Further, this unwarranted expansion invites litigation, creating greater cost and uncertainty. It will provide a ready lever for those who may seek to frustrate productive use of property.
The period for public comment on the proposed rule expires this Friday, November 14. It is important for the EPA to hear from our sector of the economy on this issue. Information on the public comment can be found here.
E-mail this letter to: email@example.com. Include EPA-HQ-OW-2011-0880 in the subject line of the message.