Today, Congressman Dan Newhouse (WA-04) led 71 Members of Congress in sending a letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor regarding the lack of clarity on the agencies’ regulatory definition of waters of the United States (WOTUS) following the Supreme Court’s decision in Sackett v. EPA.
Today, Congressman Dan Newhouse (WA-04) led 71 Members of Congress in sending a letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor regarding the lack of clarity on the agencies’ regulatory definition of waters of the United States (WOTUS) following the Supreme Court’s decision in Sackett v. EPA.
Signers of the letter are Reps. Dan Newhouse (WA-04), GT Thompson (PA-15), Elise Stefanik (NY-21), Jason Smith (MO-08), Jake LaTurner (KS-02), Beth Van Duyne (TX-24), Tom McClintock (CA-05), Cliff Bentz (OR-02), Russ Fulcher (ID-01), Dan Meuser (PA-09), Kat Cammack (FL-03), Ralph Norman (SC-05), Garret Graves (LA-06), Mariannette Miller-Meeks (IA-01), Pete Stauber (MN-08), Mike Bost (IL-12), Dusty Johnson (SD-AL), Blaine Luetkemeyer (MO-03), Mike Flood (NE-01), Rick Crawford (AR-01), Ronny Jackson (TX-13), David Valadao (CA-22), John Duarte (CA-13), August Pfluger (TX-11), Ken Calvert (CA-41), Harriet Hageman (WY-AL), Byron Donalds (FL-19), Barry Moore (AL-02), Eli Crane (AZ-02), Jerry Carl (AL-01), Jay Obernolte (CA-23), James Moylan (Guam-AL), Buddy Carter (GA-01), Russell Fry (SC-07), Adrian Smith (NE-03), Alex Mooney (WV-02), Tracey Mann (KS-01), Aumua Amata Radewagen (American Samoa-AL), Brad Finstad (MN-01), Mark Alford (MO-04), Jim Baird (IN-04), Mike Carey (OH-15), Matt Rosendale (MT-02), Don Bacon (NE-02), Paul Gosar (AZ-09), Kelly Armstrong (ND-AL), Doug LaMalfa (CA-01), Doug Lamborn (CO-05), Tom Tiffany (WI-07), Mark Amodei (NV-02), Stephanie Bice (OK-05), Andy Biggs (AZ-05), Frank Lucas (OK-03), Austin Scott (GA-08), Diana Harshbarger (TN-01), Scott Fitzgerald (WI-05), Monica De La Cruz (TX-15), Randy Feenstra (IA-04), Gary Palmer (AL-06), Juan Ciscomani (AZ-06), Bruce Westerman (AR-04), Greg Murphy (NC-03), John “Judge” Carter (TX-31), Roger Williams (TX-25), Burgess Owens (UT-04), Larry Bucshon (IN-08), Ryan Zinke (MT-01), Lori Chavez-DeRemer (OR-05), Darrell Issa (CA-48), Michelle Fischbach (MN-07), and Cathy McMorris Rodgers (WA-05).
Background:
On May 25, 2023, the United States Supreme Court ruled against the Biden Administration’s WOTUS rule in Sackett v. EPA, limiting the scope of definition of “waters of the United States.” This forced the Biden Administration to amend their final rule from December 2022 to comply with the decision.
The Congressional Western Caucus has long been active in fighting against the burdensome WOTUS ruling, their actions include:
- On January 26, 2023 Chairman Newhouse sent a letter, along with 195 House Republicans—including the entire Western Caucus, to the Biden Administration urging them to rescind their premature and reckless rule.
- On December 30, 2022, Chairman Newhouse and 22 Members of the Congressional Western Caucus spoke out against the Biden Administration releasing a final WOTUS rule—on the last business day of the year—before the Supreme Court has decided Sackett v. EPA.
- In April 2022, Chairman Newhouse, Rep. Miller-Meeks, and Rep. Rodney Davis (IL-13) submitted an amicus brief to the Supreme Court for Sackett v. EPA outlining the importance of environmental federalism and how a poorly-defined Clean Water Act hinders environmental protections.
- On March 9, 2022, Chairman Newhouse, Transportation and Infrastructure Ranking Member Sam Graves (MO-06), and Water Resources and Environment Subcommittee Ranking Member David Rouzer (NC-07) led over 200 House Republicans – including every Member of the Western Caucus – in calling for the Biden Administration to drop its plan to expand the scope of “waters of the United States” (WOTUS) until Sackett v. EPA is decided by the Supreme Court. Click here to learn more.
- In January 2022, Chairman Newhouse and Rep. Miller-Meeks called on the Administration to halt the rulemaking process, based on the Supreme Court’s decision to take up the Sackett case.
- Chairman Newhouse hosted Rep. Davis, Illinois Farm Bureau President Rich Guebert, and Charles Yates of the Pacific Legal Foundation, one of the contributing lawyers in the Sackett v. EPA case, to discuss the impacts WOTUS has on rural communities and potential implications of the Supreme Court decision. Click here to listen.
- When the Biden Administration announced their intention to revise and remand the Trump Administration’s Navigable Waters Protection Rule, Chairman Newhouse, Rep. Miller-Meeks, Senator Steve Daines (MT), and Senator Joni Ernst (IA) led Western Caucus Members in a bicameral letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Acting Assistant Secretary of the Army for Civil Works Jaime Pinkham to express their serious concerns and demand answers about the Administration’s plans to reopen the definition of “waters of the United States.” Click here to read the letter and learn more.
- In November of 2021, Western Caucus Members from across the country issued statements in response to the Administration’s proposed rule. Click here to read more.
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