Graves Demands Biden-Harris Administration Abide by Supreme Court’s WOTUS Ruling

WASHINGTON, DC - Transportation and Infrastructure Committee Chairman Sam Graves (MO-06) led Committee Republicans today in enumerating the many ongoing concerns from Congress and stakeholders about the Biden-Harris Administration's refusal to conform with the Supreme Court's ruling pertaining to the definition of "waters of the United States" (WOTUS) under the Clean Water Act (CWA).

Writing to the heads of the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) in regard to the Supreme Court's 2023 decision in Sackett v. EPA (Sackett), the Republican Members said, "This Administration is not adhering to Sackett, attempting to maintain broad Federal overreach, slow-walking implementation, failing to provide adequate direction to regulated communities, and delaying projects which require certainty under a CWA permitting regime."

The Members cited concerns from a broad spectrum of stakeholders, including those raised during a September Water Resources and Environment Subcommittee hearing about the Administration's lack of clarity, transparency, and direction on WOTUS since Sackett.

"In Sackett, the Supreme Court provided needed clarity on the definition of a WOTUS, reinforcing property owners' rights, protecting the separation of powers by limiting the authority that Congress explicitly delegated in statute, and adhering to the Congressional intent of the CWA. Sackett rightly upheld the cooperative Federalism framework of the CWA, as well as the authority of states to regulate non-Federal waters within their borders as they see fit."

However, despite the unequivocal decision by the Court and the much-needed clarity that it provided, T&I Republicans assert that the Biden-Harris Administration continues to openly disregard the Supreme Court's ruling. Members posed a series of questions to the EPA and the Corps about steps they are taking to create a permitting regime that is faithful to Sackett and the Administration's plans to provide more guidance and certainty to the regulated community. The letter also includes a request for information related to delayed agency decisions that are preventing important projects from moving forward.

Read the full letter here.

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