Urge Your U.S. Senator to vote for S. 1140

Proposed EPA/U.S. Army Corps Regulation Would Delay Development


  • The Clean Water Act (CWA) provided the U.S. Army Corps of Engineers (Corps) and the Environmental Protection Agency (EPA) with jurisdiction to protect certain “waters of the U.S.”  In April 2014, the EPA proposed a new regulation expanding the definition of this term, expanding its federal jurisdiction, which could majorly impact development as more waters, including streams and ditches, become federally protected and subject to new requirements. 
  • On May 12, 2015, the U.S. House of Representatives passed H.R. 1732, the Regulatory Integrity Protection Act,by a vote of 261-155.  This legislation would require the EPA and Army Corps to withdraw the rule and repurpose a different rule with more outreach, oversight and transparency in place.
  • The Senate version of this legislation is S. 1140, the Federal Water Quality Protection Act.  It is much more detailed and specific about how the EPA can define navigable waters and clarifies the process they must use to propose a new rule.  It has been introduced, but is waiting for a vote.
  • NAHB and the KCHBA urge you to contact your U.S. Senator to thank them for their support of S. 1140 or urge them to support S. 1140. (See table below)

Talking Points

  • I urge you to vote for Senate Bill 1140 to prohibit the EPA and Army Corps from finalizing its proposed “Waters of the U.S.” rule.
  • The proposed rule fails to recognize the true economic impact.  Many of the costs, including those associated with increased permitting, mitigation, and regulatory uncertainty, will be borne by home builders and other small businesses.
U.S. Senator Local Phone DC Phone Support
Sen. Jerry Moran (913) 393-0711 (202) 224-6521 Supports S. 1140
Sen. Pat Roberts (913) 451-9343 (202)224-4774 Supports S. 1140
Sen. Claire McCaskill (816) 421-1639 (202) 224-6154 Support Unclear
Sen. Roy Blunt (816) 471-7141 (202) 224-5721 Supports S. 1140