Hoeven: EPA Issues Proposed WOTUS Rule to Protect Property Rights, Bring Regulation Into Compliance With the Law

Hoeven: EPA Issues Proposed WOTUS Rule to Protect Property Rights, Bring Regulation Into Compliance With the Law

Senator Worked to Protect Against Biden and Obama-Era Overreach, Prevent Implementation of Expanded WOTUS Definitions

WASHINGTON - Senator John Hoeven today issued the following statement after the Environmental Protection Agency (EPA) issued a proposed rule to restore the traditional definition of "waters of the U.S." (WOTUS). Once finalized, the rule will:

• Reverse the expanded, overreaching WOTUS definition, which was advanced by both the Obama and Biden administrations.
  • These rules sought to expand federal regulatory authority beyond the limits established under the Clean Water Act.
  • This would have imposed unworkable mandates, burdensome new permitting requirements and compliance costs on landowners, energy and agriculture producers and other industries.
• Bring the WOTUS rule in compliance with the Supreme Court's Sackett v. EPA ruling from 2023.
• Reduce the regulatory burden, provide certainty to a wide range of industries and limit federal authority to navigable waters, consistent with the Clean Water Act.
  • The senator has been working with the Trump administration to advance this new rulemaking, stressing the importance of protecting both private property rights and the role of states in managing water resources within their borders.
  • This follows Hoeven's efforts to protect against the implementation of previously expansive WOTUS rules.

The EPA will accept public comments on the proposed rule for 45 days. Interested stakeholders may submit their feedback here once the proposed rule has been published in the Federal Register.

"The impact of the Biden-era WOTUS rule would have been far-reaching and costly. Our farmers, ranchers and energy producers, among many others, would have been bogged down in federal permitting for everyday activities, imposing an unworkable regulatory burden and inflating not only their operating costs, but ultimately prices for consumers," said Hoeven. "That's why I worked to hold back this regulatory overreach under the Biden and Obama administrations and support the Trump administration in advancing a WOTUS definition that respects private property rights and the regulatory role of states. I appreciate Administrator Zeldin for working with us on this priority, and I encourage North Dakotans to submit their feedback to the EPA to ensure the final rule meets the needs of our state."

Prior to today's announcement, Hoeven worked to push back against regulatory overreach by the Biden and Obama administrations, having:

• Helped introduce a Congressional Review Act (CRA) resolution of disapproval, which Congress passed, to rescind the expanded WOTUS rule. The resolution was subsequently vetoed by President Biden.
• Helped introduce legislation in the 117th Congress to codify the first Trump administration's Navigable Waters Protection Rule (NWPR), which replaced the 2015 Obama WOTUS rule.
  • Hoeven previously worked to advance the NWPR, following his efforts to defund WOTUS in 2015 and 2016 and prevent its implementation.
• Joined his colleagues in submitting an amicus brief in Sackett v. EPA, urging the Supreme Court of the United States (SCOTUS) to preserve state authority to regulate local waters and lands.
• Pressed the EPA and the Army Corps to suspend rulemaking on WOTUS until SCOTUS completed its consideration of Sackett v. EPA.

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