U.S. Senator Kevin Cramer of North Dakota participated in an announcement with Environmental Protection Agency (EPA) Administrator Lee Zeldin regarding new guidance on the definition of Waters of the United States (WOTUS). The announcement took place in Washington, D.C., and addressed the jurisdiction over wetlands.
The EPA’s new guidance specifies that wetlands will only fall under federal jurisdiction if they are adjacent to a traditional navigable water and have a continuous surface water connection. This decision aligns with the Supreme Court ruling in Sackett v. U.S. EPA, which clarified that the Clean Water Act applies only to relatively permanent bodies of water such as streams, oceans, rivers, and lakes. Additionally, the EPA plans to initiate a rulemaking process to ensure WOTUS fully complies with the Sackett decision.
The Clean Water Act was designed to determine which bodies of water are subject to federal regulations. However, the Supreme Court’s decision in Sackett v. EPA significantly limited federal oversight. In response, the Biden administration’s EPA and U.S. Army Corps of Engineers finalized a rule that did not adhere strictly to these limitations, opting for a case-by-case approach requiring landowners to seek federal permission before managing their water resources.
Senator Cramer expressed his support for clarity in WOTUS regulations: “Our farmers, ranchers, and landowners in North Dakota have always managed their water with the same respect as their land.” He criticized previous administrative approaches: “There are a lot of people in the previous administration who just ignored the Sackett decision.” Cramer emphasized his optimism about receiving positive feedback from Midwestern farmers and his commitment to finding common ground based on common sense.
Throughout his congressional career, Cramer has advocated for clearer WOTUS definitions and questioned witnesses at Senate Environment and Public Works hearings on related issues. He also questioned Administrator Zeldin during his nomination hearing about cooperative federalism’s role concerning WOTUS.
In June 2023, Cramer urged the Biden administration for a “clear and swift change in administrative direction” regarding WOTUS rules following the Supreme Court ruling. In April 2022, he joined 200 Congressional colleagues supporting Sackett petitioners through an amicus brief. Earlier that year, he co-signed a letter requesting that WOTUS finalization be postponed until after the Supreme Court’s decision on Sackett alongside Senate Majority Leader John Thune.
