House Approves WRDA 2024
The U.S. House of Representatives yesterday evening approved the Water Resources Development Act of 2024 (H.R. 8812) by a strong bipartisan vote.
Authorized in WRDA 24 are 161 new feasibility studies and 12 project with Chief’s Reports completed by the U.S. Army Corps of Engineers(USACE).
NAFSMA supported the House WRDA bill and is especially pleased that the bill includes a provision authorizing a Government Accountability Office (GAO) Study on unauthorized homeless encampments on water resources development projects constructed by the Corps of Engineers and lands owned or under the control of the Corps of Engineers.
The Senate Environment and Public Works Committee approved its version of WRDA 2024on May 22, 2024. The next step for S.4367 is consideration on the floor in the Senate. It is unclear when Senate floor action will be scheduled.
Once the Senate has approved its version of the WRDA, the two versions will be reconciled by a conference committee. The final conference report will then go back to both chambers for approval and if approved, will go to the President for signature.
Supreme Court Ruling Strikes Down Chevron Deference – Congress Reacts
The U.S. Supreme Court (SCOTUS) on Friday, June 28, 2024, by a 6-3 decision, rejected the Chevron deference that developed out of 1984 decision in Chevron v. the Natural Resources Defense Council. The Chevron doctrine that had been in place for forty years meant that if Congress had not directly addressed a question at the center of a dispute, courts were required to uphold the agency’s interpretation of the statute as long as it reasonable.
Last month’s 35-page SCOTUS ruling, written by Chief Justice John Roberts, rejects that doctrine calling it “fundamentally misguided.” The ruling came in the Justices’ consideration of Relentless v. Department of Commerce and Loper Bright Enterprises v. Raimondo, where SCOTUS agreed to address only the Chevron questions in the appeals.
Chief Justice Roberts explained in his opinion that the Chevron deference in inconsistent with the Administrative Procedure Act (APA) that sets out procedures that federal agencies must follow for courts to review actions by these agencies. Chief Roberts stated that “Congress expects courts to handle technical statutory questions.”
This decision could have far-reaching implications for federal water resource regulations, such as determination of jurisdiction under Water of the United States and other water-related regulations.
Congress and the federal agencies are currently reviewing the fallout of the decision and Senator Elizabeth Warren (D-MA) today introduced a bill in the Senate to reverse the impacts of the SCOTUS decision. In the House, the Committee on House Administration held a hearing today to look at the issues of “Congress in a Post-Chevron World.”
National Levee Safety Program Extends Deadline for Comments
Feedback on the Draft National Levee Safety Guidelines has been extended to August 31, 2024. The Guidelines are intended to serve as a resource of best practices to help achieve nationwide consistency in understanding and managing levees throughout the United States.