PCA Files Complaint Against EPA, Corps, on Waters of the United States Rule

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The Portland Cement Association (PCA) has filed a complain against the U.S. Environmental Protection Agency and Army Corps of Engineers challenging the expansion of federal authority under the Clean Water Act through the new Waters of the United States (WOTUS) rule. The complaint was filed in the U.S. District Court for the Northern District of Oklahoma, along with the U.S. Chamber of Commerce, the National Federation of Independent Business, the State Chamber of Oklahoma, and Tulsa Regional Chamber.

According to James G. Toscas, PCA president and CEO, “Through WOTUS, federal regulators are asserting unprecedented regulatory authority over large and small bodies of water throughout the US, exceeding the scope that was set by Congress and upheld by the Supreme Court. This will create needless gridlock, delays, and cost for construction projects across the country, with little or no benefit to the environment.

“Cement manufacturers take environmental responsibility very seriously," he continued. "Every cement plant in the United States complies with every existing state and federal water quality standard. WOTUS, however, includes an arbitrary, case-by-case determination as to what rules apply where, which would make compliance more difficult. We therefore stand with the U.S. Chamber of Commerce, the National Federation of Independent Business, the State Chamber of Oklahoma and the Tulsa Regional Chamber, and call for a stop to this extraordinary and unnecessary expansion of federal authority.”

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