The Clean Water Act gives the EPA the right to regulate navigable bodies of water that flow between states. Toomey says the EPA proposal would dramatically expand that.
"The EPA's new rule would virtually make all outdoor water eligible for their regulation," Toomey said. "What if a farmer has a stretch of land, that every once in a great while, in a very heavy rain, develops a big puddle that stands for awhile? Are they going to come in and decide to tell him whether or not he can plant in that space?"