EPA ladyResolution alleges EPA administrator lied to Congress about massive expansion of federal authority

Environmental Protection Agency (EPA) Administrator Gina McCarthy could face an impeachment hearing if a new House resolution is successful.

Arizona Republican Rep. Paul Gosar filed articles of impeachment against McCarthy after he alleged she lied to a House committee about the EPA’s “Waters of the United States rule.”

The new rule redefines the meaning of the phrase “waters of the United States” in the Clean Water Act, dramatically expanding the amount of private land under the authority of the EPA.McCarthy was asked during a July 29 House Committee on Space, Science, and Technology hearing to explain how a controversial portion of the rule was developed.

Rather than answer the question and provide the information to Congress, McCarthy claimed the rule was developed according to scientific standards and the documents were in materials given to committee members.

In fact, the materials were never provided to Congress.

Worse, the rule was not based on science, as McCarthy stated under oath.

Gosar’s office says “an April 27th memo to Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works, from Major General John Peabody, proves that this was a false statement and that the 4,000 foot determination was not based on science stating, ‘The arbitrary nature of the 4,000-foot cutoff of jurisdiction is demonstrated by the fact that EPA staff engaged in drafting the rule told Corps staff during a conference call in March 2015 that EPA was going to cut off [Clean Water Act] jurisdiction at a distance of 5,000 feet from the [ordinary high water mark] of traditional navigable waters, interstate waters, territorial seas, impoundments or tributaries. Then, three days later, EPA staff changed its position’ and went with the 4,000-foot cutoff; ‘EPA staff never provided any scientific support or justification for either a 5,000-foot or 4,000-foot cutoff.’”

In an Aug. 28 ruling stopping the WOTUS rule from being implemented in several states, Chief U.S. District Judge Ralph R. Erickson also found “the 4,000 foot cutoff to establish jurisdiction over ‘similarly situated’ waters has no connection to relevant scientific data” and cited this fact as one of the primary reasons for his injunction issued August 27, 2015.

“Perjury before Congress is perjury to the American people and an affront to the fundamental principles of our Republic and the rule of law. Such behavior cannot be tolerated. My legislation will hold Administrator McCarthy accountable for her blatant deceptions and unlawful conduct,” said Gosar.

“Under Administrator McCarthy’s direction, the EPA continues to enact job-killing regulations that increase food prices and energy costs for hard-working American families. Hundreds of thousands of jobs will be lost as a result of these new mandates, which disproportionately impact the poor,” said Gosar.

“This should be concerning enough, but to make matters worse, these regulations are not based on science and are being imposed through lies to Congress and the American people. We must hold D.C. bureaucrats accountable when they commit perjury or make false statements in order to implement President Obama’s misguided agenda,” said Gosar.