WASHINGTON – Sen. Chuck Grassley (R-Iowa)
joined Sen. John Thune (R-S.D.) and all of his Republican colleagues in
urging
the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers
(USACE) to suspend the pending rulemaking to redefine the scope of waters
protected under the Clean Water Act (CWA), specifically “waters of the United
States” (WOTUS). The members call for a pause until the U.S. Supreme Court
completes its consideration of
Sackett v.
EPA, a case that is expected to have major implications on CWA scope and
enforcement. The senators argue that it would be irresponsible for EPA and
USACE to proceed with a rulemaking that could be invalidated or significantly
altered as early as this summer. The
letter
also criticizes how the regulatory overreach proposed by the rule would “snarl
American economic sectors in red tape” and impose significant uncertainty to a
range of stakeholders, especially farmers and ranchers.
“The federal
government should not promulgate rules for the sake of political expediency,
but rather provide regulatory certainty for stakeholders within the bounds of
an agency’s respective statutory authority,” the senators wrote. “Proceeding with the rulemaking at this time,
despite the pending litigation and potentially influential ruling, will only
deepen uncertainty within the regulated community.”
“We are foremost
troubled to see that the proposed rule exceeds the regulatory authority granted
to EPA and USACE by the Clean Water Act,” the
senators continued. “The proposed rule seeks to federalize waters in a land
grab that arguably surpasses its 2015 predecessor, improperly encompassing
water features traditionally within the sole purview of states, while reverting
from the comparative straightforward application of the 2020 Navigable Waters
Protection Rule … and interjecting new uncertainties for nearly every private
sector stakeholder.”
“Farmers are
frustrated with the back and forth on water regulations,” said Zippy Duvall, president of
the American Farm Bureau Federation. “We finally had clarity with
the Navigable Waters Protection Rule, but the definition of ‘Waters of the
U.S.’ now faces more uncertainty. Farmers are deliberate in how they use
resources and continued indecision makes it difficult to plan and grow the food
America’s families rely on. We urge the Biden administration to pause its plan
to write a new WOTUS rule until the Supreme Court provides more guidance on
which waters fall under federal jurisdiction.”
“For years,
cattle producers have faced ever shifting WOTUS definitions, leaving farmers
and ranchers wondering if a water feature on their property might suddenly fall
under federal jurisdiction,” said Scott
Yager, chief environmental counsel at National Cattleman’s Beef Association.
“With the Supreme Court set to hear a case on WOTUS, cattle producers stand
united in urging the Biden administration to suspend further WOTUS rulemaking
until the outcome of the case is clear. NCBA thanks Senator Thune for
encouraging the EPA to pause their rulemaking and avoid even more confusing
regulations on producers.”
“The National
Stone, Sand & Gravel Association applauds Senator Thune and all the
senators for their leadership to ensure our industry faces workable and
reliable water regulations,” said Austin
Bone, director of government affairs at National Stone, Sand, and Gravel
Association. “We support their call on the Environmental Protection Agency
and U.S. Army Corps of Engineers to delay the current Clean Water Act
rulemaking until the Supreme Court has the opportunity to finish its
deliberation on a case that will impact the agencies’ actions and likely force
them to write another rule. Aggregates producers, who are facing their fourth
change to these critical regulations in the past decade, crave certainty, as we
work to supply the nation with building materials to better our infrastructure.
We call on EPA and the U.S. Army Corps of Engineers to heed the calls of
Senator Thune and all the senators who signed today’s letter to ensure our
businesses are able to continue working to help build America.”
The letter was
signed by Sens. John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), John
Boozman (R-Ark.), Roy Blunt (R-Mo.), Mike Braun (R-Ind.), Richard Burr
(R-N.C.), Bill Cassidy (R-La.), Shelly Moore Capito (R-W.Va.), Susan Collins
(R-Maine), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.),
Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Steve Daines (R-Mont.), Joni Ernst
(R-Iowa), Deb Fischer (R-Neb.), Lindsey Graham (R-S.C.), Bill Hagerty
(R-Tenn.), Josh Hawley (R-Mo.), John Hoeven (R-N.D.), Cindy Hyde-Smith
(R-Miss.), Jim Inhofe (R-Okla.), Ron Johnson (R-Wis.), John Kennedy (R-La.),
James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger
Marshall (R-Kan.), Mitch McConnell (R-Ky.), Jerry Moran (R-Kan.), Lisa
Murkowski (R-Alaska), Rand Paul (R-Ky.), Rob Portman (R-Ohio), Jim Risch
(R-Idaho), Mitt Romney (R-Utah), Mike Rounds (R-S.D.), Marco Rubio (R-Fla.),
Rick Scott (R-Fla.), Tim Scott (R-S.C.), Ben Sasse (R-Neb.), Richard Shelby
(R-Ala.), Dan Sullivan (R-Alaska), Thom Tillis (R-N.C.), Pat Toomey (R-Pa.),
Tommy Tuberville (R-Ala.), Roger Wicker (R-Miss.) and Todd Young (R-Ind.).
The full letter can be found by clicking
HERE.
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