Action Alert
Disapproval of the Waters of the United States Rule
On January 18, 2023, the Environmental Protection Administration and U.S. Army Corps of Engineers published the Administration’s long-expected WOTUS rule, which:
- Voids the 2020 Navigable Waters Protection Rule, a rule that had provided much-needed clarity and certainty for the regulated community throughout the Nation;
- Reverts back to the Obama Administration’s era of greater uncertainty and expansive federal jurisdiction to regulate navigable waters under the Clean Water Act, including wetlands, ephemeral streams, and ditches;
- Moves the federal government towards a regulatory regime under which agency bureaucrats decide what is regulated, rather than working with those who will be affected, at a time when the Supreme Court has yet to issue an opinion on a pending WOTUS case (Sackett) that will directly impact the rule.
“As American families and businesses continue suffering under the economic crises caused by the disastrous Biden policies of the last two years, this Administration has inexplicably decided to move the country back toward the costly and burdensome WOTUS regulations of the past,” said Graves. “In an unnecessary drain on federal resources, the Administration clumsily put forward its rule before the Supreme Court has issued a ruling in the Sackett case, which will affect and alter what the Administration has put forward. Congress has the authority and responsibility to review onerous rules like this one handed down from the Executive Branch, and I hope our colleagues on both sides of the aisle will join in this effort to preserve regulatory clarity and prevent overzealous, unnecessary, and broadly defined federal power.”
“The Biden Administration’s WOTUS rule is both poor policy and badly timed,” said Rouzer. “It will once again place overly burdensome regulations on farm families, small businesses, infrastructure projects, and entire communities – further harming our already struggling economy. Rushing to issue a new rule despite the Supreme Court’s forthcoming decision is not wise. It will only create additional confusion and uncertainty. This new EPA rule needs to be rescinded so that Americans across the country are protected from subjective regulatory overreach. Utilization of the Congressional Review Act is the best and most appropriate way for the House to make its collective voice heard and push back. I’m proud to lead my colleagues in Congress as we work to terminate onerous rules like this one.”
In Support of the EPA WOTUS Rule:
Revised Definition of “Waters of the United States” Rule: "The Environmental Protection Agency (EPA) and the Department of the Army (“the agencies”) are finalizing a rule defining the scope of waters protected under the Clean Water Act. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining “waters of the United States.”
This final rule advances the objective of the Clean Water Act and ensures critical protections for the nation's vital water resources, which support public health, environmental protection, agricultural activity, and economic growth across the United States."
This rule takes up that multi-faceted challenge. In developing this rule, the agencies considered the text of the relevant provisions of the Clean Water Act and the statute as a whole, the scientific record, relevant Supreme Court case law, and the agencies' experience and technical expertise after more than 45 years of implementing the longstanding pre-2015 regulations defining “waters of the United States.” The agencies' experience includes more than a decade of implementing those regulations consistent with the Supreme Court's decisions in Riverside Bayview, SWANCC, and Rapanos. The agencies also considered the extensive public comments on the proposed rule.
