Internal memos released by the House Oversight and Government Reform Committee show the Army Corps of Engineers questioned the legal and technical basis for the Clean Water Act rule just weeks before its release, according to Agri-Pulse.
Those documents warned the draft had “fatal” problems that would make the rule, which takes effect Aug. 28, difficult to defend in court. Concerns were also raised with the economic analysis and technical support documents for the rule.
Leaders of the committee questioned EPA Administrator Gina McCarthy to determine if the administration addressed the issues raised by the Corps before finalizing the rule. In a hearing last week, McCarthy said the EPA had satisfied the Corps of Engineers’ concerns.
The rule is now being challenged in multiple lawsuits filed by states, agriculture, businesses and other groups.