Senator John Hoeven has expressed approval following the announcement by Environmental Protection Agency (EPA) Administrator Lee Zeldin to revert to a traditional definition of “waters of the U.S.” (WOTUS). This move seeks to reverse what Hoeven describes as regulatory overreach by the Biden administration and align with the Supreme Court’s 2023 decision in Sackett v. EPA. The Trump administration is expected to engage in rulemaking aimed at reducing regulatory burdens, providing certainty, and ensuring that the rule applies solely to navigable waters in accordance with the Clean Water Act.
Hoeven stated, “The Clean Water Act is clear about what constitutes the ‘waters of the U.S.’ Despite this, both the Biden and Obama administrations sought to extend their reach well past federal law to impose burdensome and costly permitting on our farmers, energy producers and construction industry, to name a few.” He added that efforts have been made for years to challenge this expanded WOTUS rule through legislation intended to block its implementation and defund it, alongside court battles. Hoeven welcomes this recent development and looks forward to collaborating with the Trump administration to address concerns specific to North Dakota as this rule is adjusted according to federal law.
This announcement aligns with Hoeven’s longstanding opposition against the expanded WOTUS rules set forth by both Biden and Obama administrations. These rules were criticized for potentially imposing unmanageable mandates along with new permitting requirements and compliance costs affecting landowners, energy sectors, agriculture producers, among others.
In response, Senator Hoeven:
– Contributed to introducing a Congressional Review Act resolution of disapproval that Congress passed intending to rescind the expanded WOTUS rule; however, it was later vetoed by President Biden.
– Helped introduce legislation during the 117th Congress aiming at codifying Trump’s Navigable Waters Protection Rule (NWPR), which had previously replaced Obama’s 2015 WOTUS rule.
– Participated in submitting an amicus brief for Sackett v. EPA advocating state authority over local water regulation.
– Urged both EPA and Army Corps of Engineers not to proceed with further WOTUS rulemaking until SCOTUS concluded its deliberation on Sackett v. EPA.
