Cramer Speaks at EPA’s WOTUS Guidance Announcement

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WASHINGTON, D.C. – U.S. Senator Kevin Cramer (R-ND), Chairman of the Senate Environment and Public Works (EPW) Subcommittee on Transportation and Infrastructure, joined Environmental Protection Agency (EPA) Administrator Lee Zeldin for an announcement regarding the definition of Waters of the United States (WOTUS).
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The Administrator issued new guidance clarifying wetlands will only fall under federal jurisdiction if they abut a traditional navigable water and have a continuous connection of surface water to it. This aligns with the Supreme Court decision inSackett v. U.S. EPA, which stated theClean Water Actencompasses only relatively permanent, standing, or continuously flowing bodies of water forming streams, oceans, rivers, and lakes. EPA also announced its intent to begin a rulemaking process to fully bring WOTUS in line withSackett.
TheClean Water Actwasintendedto clarify which bodies of water fall under federal water regulations. The U.S. Supreme Court’srulinginSackett v. EPAsignificantly narrowed the scope of federal oversight. In response, the Biden administration’s EPA and U.S. Army Corps of Engineers finalized a rule, but it did not adhere to the limitations within theSackettdecision. Rather than establishing clear, consistent standards, the administration took a case-by-case approach, still requiring landowners to ask the federal government for permission before managing the water on their property.

Our farmers, ranchers, and landowners in North Dakota have always managed their water with the same respect as their land,”said Cramer.“There are a lot of people in the previous administration who just ignored the Sackett decision. The Biden rule was like putting a highway patrolman on every car, to seek their permission to go 65. This is a great new day, and I think you’ll be overwhelmed with good comments from Midwestern farmers. I look forward to participating and finding common ground based on common sense.”
Cramer has championed clarity for WOTUS during his time in Congress. He has repeatedly questionedwitnessesat EPW hearings on the Biden administration rule. During Administrator Zeldin’s nomination hearing, hequestionedhim on the role of cooperative federalism, as it relates to WOTUS.
He alsosent a letterin June 2023 calling on the Biden administration to provide a “clear and swift change in administrative direction” regarding the pending WOTUS rule at that time to adhere to the Supreme Court’s ruling. In April 2022, Cramer joined 200 of his Congressional colleagues infilingan amicus brief supportingSackettpetitioners. Additionally, in February 2022, Cramer and his Republican EPW colleaguessent a letterrequesting the Biden administration halt its plans to finalize WOTUS until the Supreme Court decidedSackett.Weeks earlier, hejoineda related effort alongside Senate Majority Leader John Thune (R-SD).
Tags:Energy and the Environment