Katie Britt and Shelley Capito lead challenge to Joe Biden’s Waters of the U.S. rule
U.S. Senators Katie Britt and Tommy Tuberville joined Sen. Shelley Moore Capito and all of their Senate Republican colleagues introduced a formal challenge to the Biden Administration’s Waters of the United States (WOTUS) rule through a Congressional Review Act (CRA) joint resolution of disapproval. If both Houses of Congress pass a resolution rejecting a federal regulation under the CRA, that regulation is effectively nullified. This resolution comes after Joe Biden’s Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced a new rule in December 2022 repealing the Navigable Waters Protection Rule (NWPR), changing the definition of Waters of the United States in a way that will significantly expand federal regulatory authority over farmers, foresters, builders, developers, businesses, and even homeowners. “The Biden Administration in two years has racked up more regulations than the Obama Administration did in eight years,” Sen. Britt said. “They’re continuing their red tape regime with yet another reckless rulemaking decision that would prioritize their leftwing political agenda at the expense of hardworking Americans. This type of job-killing overregulation would strangle Alabama farmers, cattlemen, manufacturers, energy producers, builders, landowners, and small businesses.” “Alabamians have tended to our own land, waterways, and resources for generations, and we remain best positioned to preserve and utilize them for generations to come,” Britt said. Sen. Shelley Moore Capito is the Ranking Member of the Senate Environment and Public Works (EPW) Committee. “With its overreaching navigable waters rule, the Biden administration upended regulatory certainty and placed unnecessary burdens directly on millions of Americans,” stated Capito. “This Congressional Review Act resolution of disapproval will give every member of Congress the chance to stand with farmers, ranchers, landowners, and builders, and protect future transportation, infrastructure, and energy projects of all kinds in their states. I appreciate the widespread support we’ve received in both the Senate and House, and across the country, as we fight to place an important check on this misguided overreach from the Biden administration.” As Senator Capito introduced the CRA resolution in the Senate, U.S. Rep. Sam Graves, the Chairman of the House Committee on Transportation and Infrastructure (T&I), simultaneously introduced an identical resolution in the House. “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 Chairman 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.” Numerous industry leaders and stakeholders have issued statements supporting the effort to overturn this rule. “As farmers, we want and need to protect the nation’s waters,” Alabama Farmers Federation President Jimmy Parnell said. “This rule muddies the water for property owners, will make conservation more difficult, and will create huge liabilities for farmers.” American Farm Bureau Federation (AFBF) President Zippy Duvall said, “Farmers and ranchers are committed to protecting the land and water they rely on to grow food for America’s families. Unfortunately, the back and forth over water regulations threatens the progress made to responsibly manage natural resources. We appreciate Congressmen Sam Graves, David Rouzer, and Senator Shelley Moore Capito for introducing a joint resolution to use the Congressional Review Act to stop the new Waters of the U.S. rule from going into effect. Farmers deserve rules that don’t require a team of attorneys and consultants to identify ‘navigable waters’ on their land.” The American Pipeline Contractors Association (APCA) said, “The American Pipeline Contractors Association is grateful for the introduction of this Congressional Review Act resolution and urges Congress to come together and swiftly overturn the new burdensome and unnecessary WOTUS regulations. There is widespread understanding in Washington that permitting reforms and regulatory overhaul are necessary to meet infrastructure goals and unlock the full potential of American energy, but this decision from the administration directly contradicts those goals. APCA urges the Biden administration to roll back this regulation as soon as possible and to instead work with Congress to undertake meaningful action toward reforming pipeline and general construction permitting processes.” American Road & Transportation Builders Association Vice President of Legal & Regulatory Issues Nick Goldstein said, “The recent Waters of the United States definition from the Environmental Protection Agency (EPA) would add more delay and confusion to the delivery of critical transportation improvements. By muddying federal Clean Water Act jurisdiction, EPA’s regulation directly contradicts the bipartisan infrastructure law’s goal of improving the project review and approval process. That’s why ARTBA supports House and Senate legislation to rescind the WOTUS rule.” Associated General Contractors of America (AGC) Vice President of Government Relations Jimmy Christianson said, “Senate Environment and Public Works Committee Ranking Member Shelley Moore Capito and House Transportation and Infrastructure Committee Chairman Sam Graves are right to express disapproval with the administration’s overreach and expansion of the waters of the United States regulatory program. AGC is disappointed that the agencies rushed through the sixth change in the requirements, in almost as many years, just as the U.S. Supreme Court is poised to decide on a related case. Employers try in good faith to keep pace with ever-shifting requirements that carry criminal as well as civil penalties for noncompliance.” Energy Marketers of America (EMA) President Rob Underwood said, “The Energy Marketers of America (EMA) recognize the enormous impacts the Biden Administration’s ‘Waters of the United States’ rule will place on small business energy marketers. In large part, WOTUS will determine whether costly land use restrictions will be imposed on new building or expansion projects, such as adding renewable liquid fuel pumps and/or electric charging stations. EMA supports the joint resolution of disapproval under the Congressional Review Act on the Biden Administration’s WOTUS rule.” Leading Builders of America CEO Ken Gear said,
