Congressional Western Caucus Chairman Doug LaMalfa (CA-01) released the following statement after the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced their proposed rule to define waters of the United States (WOTUS) under the Clean Water Act. The proposed rule will fully implement the direction provided by the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, cutting red tape and bringing clarity for America’s energy producers, farmers, ranchers, businesses, and landowners.
“After years of federal overreach, this action by the EPA is a win for commonsense,” said Chairman LaMalfa. “Under the Biden Administration the EPA used a broad definition of WOTUS resulting in private property owners having their rights severely curtailed due to government overreach. Today’s action is a step toward ending that abuse of power and restoring the rights of states, farmers, and landowners, while protecting clean water. I am pleased to see the EPA move toward a more reasonable and practical approach that reflects the true intent of the law.”
The proposed rule will be published in the Federal Register and is open to a 45-day public comment period. More detailed information on the proposed changes can be found here.
Background:
The rule defining ‘the waters of the United States’ (WOTUS) determines which bodies of water may be subject to federal jurisdiction under the Clean Water Act.
Previous definitions of WOTUS lacked clarity and stretched federal jurisdiction unnecessarily into the management of waters—including ditches—on private farms and properties.
When brought before the Supreme Court in Sackett v. EPA, the court unanimously declared that the EPA had overstepped its authority using the WOTUS Rule.
In 2023, the EPA responded to the Supreme Court’s decision by redefining aspects of WOTUS and creating further confusion.
Today, the EPA and Army Corps of Engineers proposed changes to the WOTUS definition to restore power to farmers and agricultural producers who have been impacted by unconstitutional regulation.
The EPA will no longer have jurisdiction over waters that do not stand or continuously flow year-round or at least during the wet seasons, and that are not specific or relevant to a WOTUS.
A standard, two-part test has been created to determine whether the EPA will have jurisdiction over a wetland.
Ditches are now distinguished from other types of water, and the EPA will no longer regulate any ditch that is dug in dry land, regardless of flow.
