Press Releases

WASHINGTON, D.C. – Industry leaders and associations representing rural America released statements in response to the House passage of H.J. Res. 27, a joint resolution of disapproval under the Congressional Review Act (CRA) on the Biden Administration’s flawed and burdensome “Waters of the United States” (WOTUS) rule:

American Farm Bureau Federation President Zippy Duvall: “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 and 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.”

National Cattlemen’s Beef Association President Todd Wilkinson, South Dakota Cattle Producer: “This vote is a win for America’s cattlemen and women and NCBA is thrilled to see a majority of House members reject the Biden administration’s burdensome WOTUS rule. Shifting WOTUS rules have plagued cattle producers for generations and this latest rule only continues the decades of uncertainty. We urge the Senate to pass this resolution as well so it can take full effect. At the same time, we look forward to the Supreme Court’s verdict in the WOTUS case Sackett v. EPA and hope that this ruling finally places guardrails on the federal government’s attempt to regulate small, isolated bodies of water on private farms and ranches.”

National Association of State Departments of Agriculture (NASDA) CEO Ted McKinney: “NASDA applauds the U.S. House’s passage of H.J. Res. 27. The recent “waters of the U.S.” ruling disregarded states’ authority to regulate intrastate water quality and the Clean Water Act’s statutory mandate for cooperative federalism. The rule failed to provide clarity and certainty for farmers and landowners, and we are glad to see this joint resolution passed with bipartisan support. We encourage the U.S. Senate to bring a Congressional Review Act resolution to the floor imminently.”

Agriculture Retailers Association Senior VP of Public Policy & Counsel Richard Gupton: “ARA has supported the recently introduced Congressional Review Act joint resolutions, H.J. Res. 27 and S.J. Res. 7, to overturn the Biden administration's new Waters of the United States (WOTUS) rule. The new rule is a substantially more complicated and overreaching regulation than the existing Navigable Waters Protection Rule. We have already had a significant number of ARA members contact their Congressional leaders and expect more as the Senate gears up to vote on this important issue. The Congressional Review Act remains a powerful vehicle to reign in regulatory overreach, and we appreciate Congress for choosing to act on WOTUS.”

Essential Minerals Association President Chris Greissing: “The Essential Minerals Association (EMA) applauds the U.S. House for utilizing the Congressional Review Act in a bipartisan vote to take the first step in undoing the Biden Administration’s Waters of the U.S. rule (WOTUS). We especially appreciate the leadership of the Western Caucus membership that helped to prioritize this quick rebuke.  This is an excellent example of Congress exercising its oversight of the executive branch when federal agencies go beyond their legal authority, as the EPA and the Army Corps have done with this rule. EMA was disappointed that the Administration did not take the opportunity they had to establish a definition that would allow for clarity and surety on this issue.  We strongly encourage the Senate to swiftly act and pass the CRA as well. This will send a message to the regulatory agencies to bring all sides of this issue to the table and develop a definition that is acceptable to all, and, importantly, provide the type of clarity and durability we have been lacking for far too long.”

National Mining Association President and CEO Rich Nolan: “Issuing this rule now – amidst calls from Congress and impacted stakeholders to await the Supreme Court’s ruling on the scope of the Clean Water Act – is a clear signal of the EPA’s intent to charge ahead with its own agenda regardless of the law or authority from Congress to do so.  Given the exponential increase in demand for mined materials expected in the coming years, what the mining industry needs is a clear, consistent and predictable regulatory framework; instead, it is getting more confusion and uncertainty that will make it increasingly difficult and expensive to mine.  The mining industry is committed to protecting our nation’s treasured water resources and we support regulatory efforts to achieve that end, but this rule is only about obstructing projects, not responsible regulation. We appreciate the leadership of the Congressional Western Caucus in pushing back against this flawed rule and applaud the House for passing the CRA last week. We urge the Senate to do the same.”

Western Energy Alliance President Kathleen Sgamma: “The Biden Administration sowed confusion into the long, drawn-out WOTUS saga by issuing a rule right before the Supreme Court is set to rule on what constitutes a Water of the United States by the summer. There is no need for the Biden rule to go into effect only to be gutted by the Supreme Court other than to yet again cloud the issue and instill further uncertainty onto businesses and citizens. Thank you to the House Western Caucus for its leadership in passing the CRA to overturn the WOTUS rule. In light of the successful CRA on the Department of Labor’s ill-advised rule that would elevate politics over financial return for Americans’ retirement savings, we urge the Senate to take up this CRA as well and save more whiplash on Clean Water Act enforcement.”

National Rural Electric Cooperative Association Senior Vice President of Government Relations Louis Finkel: “EPA’s final rule expands the reach of WOTUS and creates substantial regulatory uncertainty for electric co-ops. It will further complicate and slow permitting for electric infrastructure projects, which are vital for ensuring energy affordability and reliability for American families and businesses. We thank Chairman Graves and Western Caucus Chairman Newhouse for their leadership and for the House of Representatives taking this important step that will help electric co-ops reliably keep the lights on at a cost that consumers can afford.”

Family Farm Alliance Executive Director Dan Keppen: “Over the past two decades, we have engaged in a variety of ping-pong administrative efforts -now spanning four different presidential administrations - all of them aimed at clarifying the interpretation of the Clean Water Act. The new WOTUS rule vastly expands regulatory jurisdiction beyond just returning to the pre-2015 regulations and guidance as proposed, at a time when the Supreme Court has yet to issue an opinion Sackett v. EPA, which will directly impact the rule. We applaud the Western Caucus’ leadership and the House of Representatives passage of the Joint Resolution, which provides a useful mechanism for Congress to overturn this action in the future.”

American Petroleum Institute Vice President of Federal Relations Lance West: “API supports the CRA resolution to repeal the latest WOTUS rule. The U.S. natural gas and oil industry is committed to protecting the environment through the responsible development of our natural resources, but the politicization of this rule and continuous shift in policy from administration to administration only increases uncertainty for project developers. This lack of clarity is a hindrance to environmental protection efforts and further complicates the already burdensome federal permitting process for critical infrastructure projects, including much-needed energy infrastructure development.”

National Federation of Independent Business Vice President of Federal Government Relations Kevin Kuhlman: “The WOTUS final rule is just one example of these onerous federal regulations that will significantly increase the regulatory burdens and uncertainty facing small businesses. The arbitrary language and case-by-case determinations of the WOTUS rule will make compliance a nightmare for small businesses. America’s farmers, ranchers, developers, contractors, and other small businesses are still facing high inflation, supply chain disruptions, and pervasive labor shortages. Additionally, small business owners’ expectations for better business conditions six months from now remains near historic lows. If there was ever a time to not impose additional burdensome regulations, that time is now.”

National Association of Home Builders (NAHB) Chairman and a custom home builder and developer from Birmingham, Alabama Alicia Huey: “NAHB commends this bipartisan House vote approving a resolution that would overturn the Biden administration’s waters of the U.S. (WOTUS) rule.  It makes no sense for human-made ditches and isolated ponds on private property to be subject to federal jurisdiction, but that’s exactly what the WOTUS rule does under its intrastate waters category. Adding uncertainty and delay to the federal permitting process needlessly raises housing costs and defers badly needed affordable housing projects. Moreover, there is currently a case before the U.S. Supreme Court, Sackett v. EPA, which seeks to put a stop to this vast federal overreach. Americans deserve environmental regulations based on sound scientific data. Today’s vote makes it clear the administration needs to craft a new WOTUS rule that creates a workable regulatory environment that protects the nation’s waterways and economic interests.”

National Cotton Council Chairman Shawn Holladay: “The new WOTUS rule complicates an already complex process without corresponding environmental benefits beyond what the existing regulations already provide. Small businesses and landowners should not be forced to spend tens of thousands of dollars to hire lawyers and consultants to determine whether they need a federal permit because they have federally jurisdictional water on their property. This will cause delays and will greatly increase the cost of everything from food production to energy production.”

Associated Builders and Contractors Vice President of Legislative and Political Affairs Kristen Swearingen: “ABC applauds the U.S. House of Representatives for the bipartisan passage of H.J. Res. 27, which would overturn the Biden administration’s flawed, burdensome and overreaching WOTUS rule. ABC would also like to commend Chairmen Westerman and Graves as well as the Western Caucus for their leadership. The Biden WOTUS rule would cause more uncertainty, building delays and increased permitting and mitigation costs, and would make it more difficult and expensive to grow food, produce energy and build critical infrastructure across the country. ABC urges the U.S. Senate to pass the measure to prevent the looming devastating impact on small businesses, developers and contractors.”

National Multifamily Housing Council (NMHC) President Sharon Wilson Géno and National Apartment Association (NAA) President and Chief Executive Officer Bob Pinnegar: “We applaud House passage of a resolution overturning the recently released WOTUS Rule.  The new rule significantly increases the number of properties that will now need to seek burdensome federal permits to develop or redevelop housing. This additional requirement will create uncertainty and delays in permitting, potentially adding significant expenses and creating legal risks that will exacerbate the nation’s housing affordability crisis. At a time when housing costs are already on the rise, housing providers need clear, consistent and practical water protection standards. We should be looking for ways to improve housing affordability, not worsen it.”

The Associated General Contractors of America Vice President, Government Relations Jimmy Christianson: “Associated General Contractors of America (AGC) thanks those who expressed congressional disapproval on the revised Waters of the United States (WOTUS) rule. Construction companies have been making good faith efforts to comply with legal requirements that have changed six times since 2015. This new rule merely adds confusion and uncertainty about whether certain waterbodies are under federal jurisdiction. Adding unnecessary delays and hardships for contractors trying to comply with ever shifting requirements, especially considering they can carry significant criminal and civil penalties.”

National Association of Manufacturers Senior Vice President of Policy and Government Relations Aric Newhouse: “Manufacturers and regulated communities depend on a transparent, predictable WOTUS rule under the Clean Water Act so they can best protect the environment and create and sustain well-paying job opportunities in their communities. Continuous changes to WOTUS definitions and regulations only create uncertainty, thereby jeopardizing jobs and potential investment. It is crucial that Congress pass H.J. Res. 27, the CRA to disapprove of the 2023 WOTUS rule, keep existing regulatory definitions in place, provide certainty to critical Clean Water Act permitting, enable U.S. manufacturing to expand, keep onerous administrative burdens low and allow for manufacturers to continue their commitment to environmental stewardship.”

U.S. Chamber of Commerce Senior Vice President of Policy Marty Durbin: “The U.S. Chamber commends the House for its bipartisan passage of the Congressional Review Act resolution disapproving of the 2023 Waters of the U.S. rule.  Permitting reform, including WOTUS, is one of the Chamber’s highest priorities.  Under the new rule, businesses of all sizes would need to navigate an expensive and time-consuming permitting process. The WOTUS rule also imposes expansive, vague tests for determining federal jurisdiction that exceed the federal government’s statutory authority and are very difficult to use or understand. Indeed, The U.S. Chamber and other plaintiffs have filed litigation to challenge the rule as unlawful. The U.S. needs a WOTUS definition that is clear, consistent and durable to meet our ambitious national climate and infrastructure commitments, and the CRA resolution helps deliver that message to the Administration.”

American Exploration and Mining Association Executive Director Mark Compton: “From the day EPA and the Army Corps released this WOTUS rule, it was clear they were determined to plow ahead with no regard for the concerns of America’s miners or the greater regulated community.  In fact, the agencies chose to publish the rule in spite of the fact that a Supreme Court decision that would directly affect the rule is due in a matter of weeks, if not days. AEMA applauds the House of Representatives for voting to put a stop to the agencies’ unjustifiable haste and reckless disregard of common sense.  We urge the Senate to follow suit in approving its own resolution of disapproval as quickly as possible.”

The National Stone, Sand & Gravel Association (NSSGA) Vice President of Government and Regulatory Affairs Michele Stanley: “The National Stone, Sand & Gravel Association (NSSGA) applauds the House of Representatives for spearheading the joint resolution of disapproval against the Biden administration's WOTUS rule and passing the Congressional Review Act (CRA) in a bipartisan manner. This action will provide more regulatory certainty for the aggregates industry, as we work across 9,000 locations to supply the materials to build resilient communities, modernize transportation networks and deliver clean energy and water. We thank the members of the House who supported the CRA and urge all members of the Senate to endorse this legislation, as it progresses through the chamber.”

American Soybean Association President and Illinois soy farmer Daryl Cates: “The more we learn about the Biden administration's WOTUS rule, the more concerned soy growers have become about the potential impacts on farms and the infrastructure that moves our crop to market. We are glad to see this resolution pass the House and appreciate those legislators who have sided with farmers to push for regulatory certainty without sacrificing America's clean water goals.”

Idaho Farm Bureau Federation President Bryan Searle: “The Biden WOTUS rule is unworkable for western farmers and ranchers. Rules that have the consequences of substantial civil fines and criminal penalties need to be clear and easily understood by more than agency specialists, lawyers, and engineers. Idaho farmers and ranchers support Congress passing the Congressional Review Act Resolution from the House to stop this unusable rule from going into effect.”

Oregon Farm Bureau President Angela Bailey: “The EPA's revised definition of WOTUS, under the Biden administration, undermines property rights and imposes unnecessary burdens on landowners. The proposed rule represents a massive regulatory overreach that will be detrimental to already over-regulated family farms and ranches in Oregon.  Federal bureaucrats in Washington DC, should not be regulating creeks, ponds, and drainages in Oregon.  We applaud the House-passed Joint Resolution 27 denouncing the onerous WOTUS rule and urge the Senate to follow suit.  Thank you to Congressman Graves, Congressman Rouzer, and members of the Congressional Western Caucus who have led the charge on this important issue.”

Washington State Potato Commission Director of Government Affairs Matt Harris: “On behalf of Washington State’s potato growers, we appreciate the Western Caucus’ leadership on the House resolution disapproving the EPA’s latest WOTUS rule.  The rule greatly expands the federal government's reach onto farms, unnecessarily complicating day-to-day operations disrupting food production from growers supplying a needed nutritious vegetable. We appreciate the House effort to reign in this misplaced federal overreach.”

Washington Policy Center Ag Research Director Pam Lewison: “Lawmakers in the United States have made a habit of rushing into policy. Late last year President Biden joined the rush by releasing new rules for the Waters of the United States (WOTUS) while the U.S. Supreme Court considers a case that could significantly alter those rules. The House Joint Resolution No. 27 introduced under the auspices of the Congressional Review Act is an excellent example of checks-and-balances in our governance. The WOTUS rules should remain unchanged until the U.S. Supreme Court makes its ruling in Sackett v EPA. Determining the definition of significant nexus – what constitutes enough overlap between two bodies of water – before the new WOTUS rules take effect is a critical step in ensuring federal, state, local, and private landowners understand how they must manage the vital resource of water on their land long-term.”

Responsible Industry for a Sound Environment (RISE) President Megan J. Provost: “(Responsible Industry for a Sound Environment) is supportive of the House’s timely attention to concerns with the 2023 Waters of the United States (WOTUS) final rule. The passage of the Congressional Review Act (CRA) which aims to overturn the broad definition, is acknowledgement of the real-world impacts the rule has. We urge the Senate to take up consideration and pass the resolution quickly.”

Background:

The House Joint Resolution, if enacted, would terminate the Biden WOTUS rulemaking utilizing the CRA, which provides a mechanism for Congress to overturn certain final agency actions.

An identical measure was introduced in the Senate by 49 Senators, led by Environment and Public Works Ranking Member Shelley Moore Capito (R-WV).

On January 18, 2023, the Environmental Protection Administration and U.S. Army Corps of Engineers published the Administration’s long-expected WOTUS rule, which:

• Voids the 2020 Navigable Waters Protection Rule, a rule that had provided much-needed clarity and certainty for the regulated community throughout the Nation;
• Reverts back to the Obama Administration’s era of greater uncertainty and expansive federal jurisdiction to regulate navigable waters under the Clean Water Act, including wetlands, ephemeral streams, and ditches;  
• Moves the federal government towards a regulatory regime under which agency bureaucrats decide what is regulated, rather than working with those who will be affected, at a time when the Supreme Court has yet to issue an opinion on a pending WOTUS case (Sackett) that will directly impact the rule. 

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.