Press Releases

WASHINGTON, D.C. – Today, the U.S. House of Representatives passed 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. This legislation was led by Committee on Transportation and Infrastructure Chairman Sam Graves (MO-06) and Water Resources and Environment Subcommittee Chairman and Western Caucus Member David Rouzer (NC-07) with broad support from Congressional Western Caucus Members. The resolution passed with a bipartisan vote of 227-198.

“WOTUS is nothing more than a power grab which would impose tighter controls over waters the Clean Water Act never intended to regulate. Rural communities in the West and across the country are dedicated to clean water and they are the ones being punished by the continued legal uncertainty this new final rule promulgates. While I am disappointed in this administration’s dismissal of our rural communities, I will never stop fighting for them,” said Chairman Dan Newhouse. “I urge the Senate to join us in passing this resolution to push back on this administration’s egregious overreach and fight for our food supply, our private property rights, and our country.”

“American families, farmers, small businesses, and entire communities are suffering under the economic crises caused by the disastrous Biden policies of the last two years.  The last thing they need is this Administration’s inexplicable decision to move the country back toward the overreaching, costly, and burdensome regulations of the past, which is exactly what this WOTUS rule does,” said Rep. Graves. “I now look forward to continuing to work with our leadership, our committee colleagues, Senator Capito, and all opponents of this unnecessary rule to ensure our legislation is sent to the President’s desk.”

“President Biden’s new WOTUS rule is a nuclear warhead aimed squarely at our farm families, small businesses, homebuilders, every property owner, and entire communities because of its overreaching definition,” said Rep. Rouzer. “Cloaked under the guise of clean water, all this rule does is expand the federal government’s control over states, localities, and private landowners, making it harder to farm, build, and generate economic prosperity. I encourage the Senate to pass this commonsense resolution to push back against onerous rules like this one.”

Click here to view the legislation.

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.