First Listening Session on WOTUS Held by Cramer, Trump Administration in Bismarck

BISMARCK, N.D. - Not even a Midwest winter storm could keep concerned landowners, developers, farmers, and ranchers from making their voices heard as U.S. Senator Kevin Cramer (R-ND) hosted key Trump administration officials at the first national Waters of the United States (WOTUS) listening session.

Cramer, chair of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, welcomed state, local, and federal officials to North Dakota's Capital City for the event. Held in Bismarck State College's light-filled Frank Bavendick Stateroom overlooking the scenic Missouri River, the listening session provided an opportunity for stakeholders to provide input on the new rule to U.S. Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers officials. The WOTUS rule was announced last month and the EPA and the Army Corps described it as "a clear, durable, common-sense definition of WOTUS."

"Thank you to the EPA and to the Army Corps for making this the very first WOTUS listening session on the new rule," said Cramer. "We are in the heart here of the prairie pothole region and our hydrology has vaulted North Dakota to this leadership role on WOTUS. We know the issue really well. The Clean Water Act abides by the tenets of cooperative federalism by recognizing the responsibility of the states to address water pollution and states are tasked with primacy. Past administrations have completely ignored states' rights. We are going to get this rule right. This is the legal prescription of clarity we've needed for years, and I'm grateful that the Trump administration, unlike the Biden administration, crafted a rule within the confines of the law. Farmers, developers, and landowners shouldn't need to hire expensive consultants to determine [jurisdictional waters]. Any definition of WOTUS must not impact state's primary authority over their water. And I look forward to working on this rule, and making it a durable one that will stand the test of time, and one that the Supreme Court doesn't have to fix for us every few years."

"I am honored to join Senator Cramer and other leaders from North Dakota for the first national public listening session to gather input on our proposed definition of waters of the United States," said EPA Assistant Administrator for Water Jess Kramer. "This rule would fully implement the clear direction provided by the U.S. Supreme Court in Sackett v. EPA and reduce red tape to accelerate economic prosperity while protecting water quality under the Clean Water Act and state authorities. As someone who grew up in rural Wisconsin, I am excited to hear local perspectives as EPA and Army work to finalize a clear and durable definition of WOTUS that will benefit North Dakotans, including farmers, ranchers, energy producers, developers, and landowners."

The proposed rule makes important clarifications to align WOTUS with the landmark Supreme Court ruling in Sackett v. EPA, rightsizing federal jurisdiction under the Clean Water Act (CWA). Specifically, it defines critical terms like "relatively permanent," "continuous surface connection" and "tributary" to prevent future administrations from implementing expansive definitions. Prior WOTUS rules assumed authority outside the intent of the CWA, unnecessarily complicating the process of determining whether a water qualified as a WOTUS. The Trump administration's proposed WOTUS rule would provide needed clarity, reinforce state's rights, and adhere to the Sackett decision while still protecting water quality.

Today's listening session is part of the EPA and Army Corps' public outreach as the administration gathers input from stakeholders across the country ahead of the rule's finalization. Cramer, EPA, and the Army Corps encourage the public to make their voices heard by participating in listening sessions and submitting public comments. The WOTUS rulemaking public comment page can be found here; the public comment period ends on Jan. 5.

Cramer and the Trump administration have actively worked to provide WOTUS certainty. In March, Cramer joined EPA for its announcement of WOTUS guidance to assist landowners as it began the rulemaking process. At the event, he highlighted North Dakota farmers, ranchers, and landowners who "have always managed their water with the same respect as their land."

At his confirmation hearing before EPW, Cramer questioned Administrator Lee Zeldin on the role of cooperative federalism and the prescriptiveness of the Sackett decision. During the Biden administration, Cramer repeatedly questioned witnesses at EPW hearings on the Biden WOTUS rule.

Cramer also sent a letter in June 2023 calling on the Biden administration to provide a "clear and swift change in administrative direction" regarding its then-pending WOTUS rule to adhere to the Supreme Court's ruling. In April 2022, Cramer joined 200 of his Congressional colleagues in filing an amicus brief supporting Sackett petitioners. Additionally, in February 2022, Cramer and his Republican EPW colleagues sent a letter requesting the Biden administration halt its plans to finalize its WOTUS rule until the Supreme Court decided Sackett. Weeks earlier, he joined a related effort alongside Senate Majority Leader John Thune (R-SD).