The Senate Environment and Public Works (EPW) Committee convened a hearing to review the nomination of Lee Zeldin for the role of Administrator of the Environmental Protection Agency (EPA). If confirmed, Zeldin will be instrumental in advancing President Donald Trump’s agenda to reduce energy and environmental regulations to promote American energy development.
Zeldin’s background includes service in the Army from 2003 to 2007, followed by continued service in the Army Reserve, reaching the rank of lieutenant colonel. He was elected to the U.S. House of Representatives in 2015, serving alongside Senator Kevin Cramer for two terms.
During the hearing, Senator Kevin Cramer (R-ND) questioned Zeldin on cooperative federalism concerning the Waters of the United States (WOTUS) and its implications following the 2023 Supreme Court decision in Sackett v. EPA. Cramer asked if Zeldin viewed the Sackett majority opinion as “prescriptive or ambiguous” regarding federally jurisdictional water definitions. Zeldin described it as “clear and prescriptive.”
Cramer further inquired about how Zeldin would manage a post-Sackett WOTUS rulemaking process if confirmed. He highlighted North Dakota’s classification as a federal wetland under previous definitions and expressed hope that future rulemaking would recognize state primacy over water resources. Zeldin emphasized that laws are Congress’s domain and noted that Supreme Court cases provide guidance on EPA duties. He stressed clarity for landowners so they can determine their compliance without costly legal advice.
Cramer’s final question addressed whether landowners should automatically understand WOTUS jurisdiction without seeking EPA determinations. Zeldin acknowledged that many landowners remain uncertain about their property’s status regarding Waters of the U.S., calling it a governmental failure needing rectification.
