Republican governors ask Biden administration to rescind Title IX guidance
Twenty-five of the nation’s 26 Republican governors have asked the Biden administration to shelve its intent to expand Title IX protections to transgender athletes. The letter, led by the signature of Mississippi Gov. Tate Reeves, says the U.S. Department of Education’s proposed regulation should be withdrawn pending litigation that could be addressed by the U.S. Supreme Court. “The Department’s proposed regulation would attempt to coerce compliance with an uncertain, fluid, and completely subjective standard that is based on a highly politicized gender ideology,” the letter reads. The letter comes as the public comment period ends Monday on a proposed revision to Title IX that would ban state and local governments from prohibiting transgender students from participating on sports teams aligned with their gender identity. Title IX was created to increase opportunities for female athletes. Federal funds can be withheld from those found to be in violation. The law, which was passed in 1972, prohibits discrimination based on sex for school districts, universities, museums, and other educational institutions that receive federal funds. “Compelling a subjective, athlete-by-athlete analysis controlled by a student’s self-identified ‘gender identity’ enforced under threat of Department retribution affords no clarity,” the letter reads. “It does the opposite. This ‘fluid’ subjective standard ensures chaos and confusion in schools and will no doubt result in protracted and disruptive litigation.” Twenty-one states prohibit transgender students from participating on sports teams that do not align with their biological sex at birth, according to the Movement Advancement Project that tracks state policies. The letter was signed by Alabama Gov. Kay Ivey, Alaska Gov. Mike Dunleavy, Arkansas Gov. Sarah Sanders, Florida Gov. Ron DeSantis, Georgia Gov. Brian Kemp, Idaho Gov. Brad Little, Indiana Gov. Eric Holcomb, Iowa Gov. Kim Reynolds, Missouri Gov. Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Jim Pillen, Nevada Gov. Joe Lombardo, New Hampshire Gov. Chris Sununu, North Dakota Gov. Doug Burgum, Ohio Gov. Mike DeWine, Oklahoma Gov. Kevin Stitt, South Carolina Gov. Henry McMaster, South Dakota Gov. Kristi Noem, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, Virginia Gov. Glenn Youngkin, West Virginia Gov. Jim Justice, and Wyoming Gov. Mark Gordon. The signature of Vermont Republican Gov. Phil Scott is not on the letter. Republished with the permission of The Center Square.
25 GOP governors ask Biden administration to hit pause on broader clean water rule
Twenty-five Republican governors oppose a revised federal rule regulating U.S. waterways, citing uncertainty from an undecided U.S. Supreme Court case related to the rule. The governors sent a letter to the Biden administration on Monday asking it to delay the implementation of the revised Waters of the United States rule since the U.S. Supreme Court is currently considering Sackett v. EPA. The revised WOTUS rule, released on Dec. 30, reinstates pre-2015 water protections under the federal Clean Water Act. The rule was scaled back under the Trump administration, which triggered lawsuits from environmental groups. “The substance of the rule hinders State governments as we seek to give clarity and consistency to businesses, farms, and individuals regarding the regulatory framework for water,” the 25 GOP governors wrote. “The broad definitions used in the 514- page document only add to the confusing and complicated history of WOTUS. In fact, it appears that the EPA is seeking to regulate private ponds, ditches, and other small water features.” The U.S. Environmental Protection Agency said in December the revised rule applies to “traditional navigable waters, the territorial seas, interstate waters, as well as upstream water resources that significantly affect those waters.” “When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” EPA Administrator Michael Regan said in a statement. “Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.” The governors also questioned the timing of the new rule, given ongoing inflation. “Another burdensome and overbroad regulation from the federal government could not come at a worse time for America,” they wrote. “Having already squandered much of America’s energy independence, you should not increase costs for consumers by tying up energy production with even more red tape.” Environmental groups praised the Biden administration’s revised WOTUS rule. “This comes at a time when we’re seeing unprecedented attacks on federal clean water protections by polluters and their allies,” Jon Devine, director of federal water policy for the Natural Resources Defense Council, said in a statement last month. “While the nation still has significant work to do to fully protect important waters, it’s encouraging to see the country taking a step in the right direction to protect the waters we need for everyone’s health and the environment.” The letter was signed by Idaho Gov. Brad Little, Alabama Gov. Kay Ivey, Alaska Gov. Mike Dunleavy, Arkansas Gov. Sarah Sanders, Florida Gov. Ron DeSantis, Georgia Gov. Brian Kemp, Indiana Gov. Eric Holcomb, Iowa Gov. Kim Reynolds, Mississippi Gov. Tate Reeves, Missouri Gov. Mike Parson, Montana Gov. Greg Gianforte, Nebraska Gov. Jim Pillen, Nevada Gov. Joe Lombardo, New Hampshire Gov. Chris Sununu, North Dakota Gov. Doug Burgum, Ohio Gov. Mike DeWine, Oklahoma Gov. Kevin Stitt, South Carolina Gov. Henry McMaster, South Dakota Gov. Kristi Noem, Tennessee Gov. Bill Lee, Texas Gov. Greg Abbott, Utah Gov. Spencer Cox, Virginia Gov. Glenn Youngkin, West Virginia Gov. Jim Justice, and Wyoming Gov. Mark Gordon. Republished with the permission of The Center Square.
