{"database": "press", "table": "releases", "rows": [["https://fulcher.house.gov/2022/12/31/id-a37a35c5-289c-4a95-b53c-ec7307feccac/", "Western Caucus Members Condemn Biden Administration for New WOTUS Rule", "2022-12-31", "2022", "2022-12", "Republican", "House", "ID", "Russ Fulcher", "F000469", "fulcher.house.gov", "fulcher", "https://fulcher.house.gov/category/press-releases/", "scraper", "WASHINGTON, D.C. \u2013 Members of the Congressional Western Caucus released the following statements in response to the Biden Administration\u2019s final rule\u2014quietly released on the last business day of the year before a major holiday\u2014regarding the definition of \u201cwaters of the United States,\u201d or WOTUS:\n\n\u201cThis rule is yet another bureaucratic attack on rural America,\u201d said Chairman Dan Newhouse (WA-04). \u201cWestern Caucus Members and the rural communities we represent have consistently called on the Administration to provide regulatory certainty for farmers, ranchers, small businesses, and landowners \u2013 most recently, requesting that the Administration not move forward with rulemaking until the Supreme Court has ruled on Sackett v. EPA. Today, it became crystal clear that we have been ignored. Not only is this rule premature, but it is ultimately detrimental to rural communities \u2013 and clean water conservation efforts \u2013 across the United States. We will continue to fight for effective locally-led efforts to protect our clean water and against one-size-fits-all mandates.\u201d\n\n\u201cToday, the Biden Administration finalized a definition of \u201cwaters of the U.S.\u201d that threatens the rights of Idaho\u2019s farmers, ranchers, and private property owners,\u201d said Rep. Russ Fulcher (ID-01). \u201cWater is a lifeline for the Gem State \u2013 a key natural resource for many of our most important industries \u2013 and this decision will only empower federal bureaucrats.\u201d\n\n\u201cThe Obama WOTUS rule drastically expanded the jurisdiction over bodies of water like streams and ponds leaving large swaths of Iowa land in the hands of the federal government,\u201d said Vice Chair Mariannette Miller-Meeks (IA-02). \u201cI am extremely disappointed in the Biden Administration\u2019s decision to finalize a similar version of this failed rule which will have terrible consequences for our farmers, ranchers, and landowners in Iowa. Any clean water initiatives by the federal government should be focused on clearly defined bodies of water.\u201d\n\n\u201cToday\u2019s announcement by the Biden Administration on their new rule for Waters of the U.S. (WOTUS) is disappointing. This rule is both poor policy and badly timed. It is another example of this Administration\u2019s determined adherence to the demands of environmentalists at the expense of hard-working Americans. While cloaked a little differently, this new WOTUS rule will once again place overly burdensome regulations on our farm families, small businesses, and entire communities further harming our economy \u2014 not to mention making critical infrastructure projects that much more expensive,\u201d said Vice Chair David Rouzer (NC-07). \u201cWhile I appreciate the EPA\u2019s acknowledgement that the Supreme Court has already heard arguments in Sackett v. EPA with a ruling soon expected, this further underscores how ill-advised it is for the administration to rush a new rule given the Court\u2019s forthcoming decision will impact any new definition of WOTUS.\u201d\n\n\u201cWhy does every Democrat administration need to make a rule giving the federal government more power over farming and private property? The federal government doesn\u2019t need to regulate puddles, ditches, seasonal creeks or culverts. All this rule does it make it more difficult to grow food or build anything,\u201d said Vice Chair Doug LaMalfa (CA-01). \u201cFrankly, that seems like to whole point \u2013 to make every day Americans ask permission from their government for basic tasks like cleaning a ditch, repairing a road, or building something on your own property. I say NO, and I\u2019ll be leading an effort to stop yet another ridiculous rule.\u201d\n\n\u201cBiden\u2019s WOTUS rule creates a regulatory headache for economic drivers like farmers, ranchers, manufacturers, miners, and more, said Vice Chair Pete Stauber (MN-08). \u201cSimilar to the old Obama Administration WOTUS rule, this new rule is a gift to lawyers and activists, and creates hardship for my district. This is simply unacceptable but I expect no less from this activist administration.\u201d\n\n\u201cIt appears that the Biden Administration is attempting to over-regulate America\u2019s farmers into extinction by reimplementing this nonsensical version of the devastating Obama-era WOTUS rule,\u201d said Vice Chair Bruce Westerman (AR-04). \u201cThese actions demonstrate a lack of care for the needs of rural America, our agriculture industry, and for private property rights. I look forward to a Republican House working to overturn this rule.\u201d\n\n\u201cI am extremely discouraged by the EPA\u2019s actions regulating wetlands and waters in a manner inconsistent with the Clean Water Act,\u201d said Rep. Frank Lucas (OK-03). \u201cDuring this time when increased agriculture production and growth are critical, the rule fails to provide certainty for America\u2019s farmers and ranchers. Furthermore, the Biden Administration\u2019s contradictory rule ensures lengthy litigation surrounding the scope of federal regulatory authority of our nation\u2019s waterways will continue with confusion and regulatory uncertainty. Oklahoma\u2019s farmers, ranchers, and landowners have demonstrated their responsible stewardship of the land for generations, and I will continue to stand with my colleagues on both sides of the aisle in opposition to the continued inconsistent interpretation of the Clean Water Act.\u201d\n\n\u201cJoe Biden\u2019s EPA knows full well this ruling will face immediate litigation in court,\u201d said Rep. Markwayne Mullin (OK-02). \u201cThe idea that a drainage ditch in Oklahoma is now a federally regulated, navigable waterway is absurd. This is nothing more than a Christmas present to Biden\u2019s radical environmentalists.\u201d\n\n\u201cThis change of the WOTUS rule is a massive landgrab that will expand federal control to ponds, puddles, and even ditches all under the false pretense that it will make our waters cleaner. Meanwhile, farmers will be drawn into crosshairs with the EPA over using the safe crop production process they have used for years, and landowners could face hefty fines for failing to comply with the unclear language,\u201d said Rep. Rick Crawford (AR-01). \u201cWe all want clean water, but WOTUS now negates existing local and state laws and refutes the historical role farmers, ranchers, and landowners have in being the original good stewards of their land.\u201d\n\n\u201cRestoring the Obama-era WOTUS rule will restore a world of vague and disastrous regulations for Georgia\u2019s farmers, small businesses, homeowners, local government, and families, who do not need an unelected bureaucrat to tell them how to use the Peach State\u2019s natural resources,\u201d said Rep. Buddy Carter (GA-01). \u201cUnder President Trump, there were clear and certain guidelines, ones that should transcend political party and remain law.\u201d\n\n\u201cAs a lifelong farmer, I know firsthand the challenges government overreach places on the day-to-day operations of farms and businesses,\u201d said Rep. David Valadao (CA-21). \u201cGiving the federal government more control over our water has already once proven devastating for rural communities. The Biden administration\u2019s EPA rule will further burden our farmers, ranchers, and small businesses in the Central Valley. I am hopeful that the Supreme Court will put an end to this regulatory nightmare when Sackett v. EPA is decided.\u201d\n\n\u201cThe goal of President Biden\u2019s Waters of the U.S. rule is to give unelected bureaucrats even more command and control over the lives of rural Missourians,\u201d said Rep. Jason Smith (MO-08). \u201cThe Trump administration\u2019s rule protected Missouri\u2019s water, incorporated sound science, and accommodated the needs of farmers, ranchers, landowners, and small businesses. But getting rid of this carefully crafted rule means that federal bureaucrats will again have the authority to regulate any body of water \u2013 whether it\u2019s a puddle, ditch, pond, or creek \u2013 passing through or standing on private land. I\u2019ll continue fighting tooth and nail to protect all these stakeholders from the Biden administration\u2019s overreaching WOTUS rule and any other efforts by Washington Democrats to force their radical agenda on our communities.\u201d\n\n\u201cWe had a sensible rule for WOTUS under the last administration that left most decision-making and regulation to the states. Each state has unique circumstances to consider, and we cannot expect those to be solved by a one-size-fits-all plan. Minnesota\u2019s clean water standards are as high, if not higher, than the federal standards. We are the land of lakes. We know what we\u2019re doing, and we do not need federal involvement,\u201d said Rep. Michelle Fischbach (MN-07). \u201cThis rule includes several vague standards that fail to provide certainty for stakeholders. It will be important to hold the EPA accountable to ensure they do not overstep their authorities.\u201d\n\n\u201cUsing WOTUS as a political football creates greater instability and challenges for our producers,\u201d said Rep. Dusty Johnson (SD-AL). \u201cIt was poorly written to begin with and has created much confusion in rural America. The new WOTUS rule is a gross overreach of federal power.\u201d\n\n\u201cEPA\u2019s WOTUS decision is yet another example of blatant executive overreach. The government should not dictate land use on private property or the farming practices of producers and ranchers,\u201d said Rep. Adrian Smith (NE-03). \u201cI am steadfastly opposed to this decision because of the devastating impact it will have on landowners in Nebraska and across the country.\u201d\n\n\u201cThe return of WOTUS would be a disaster for North Dakota\u2019s farmers and ranchers,\u201d said Rep. Kelly Armstrong (ND-AL). \u201cI am disappointed that the Biden administration is determined to bring it back despite warnings from ag producers that it will harm their livelihoods. We have to keep fighting against harmful policies that don\u2019t do anything to keep our air and water clean.\u201d\n\n\u201cToday\u2019s WOTUS ruling is a detrimental government overreach into ponds and puddles a thousand miles from the D.C. swamp. Kansas farmers and ranchers are the best stewards of their land, but the final WOTUS rule hands over private property decisions to Washington bureaucrats,\u201d said Rep. Ron Estes (KS-04). \u201cAs a Kansan and former farm kid, my colleagues and I will continue pushing back against this burdensome administration that chooses to govern with a heavy hand and disregards the common sense conservation by the men and women who actually work the land.\u201d\n\n\u201cStates, not the federal government, should be the primary regulators of water sources and waterways within their borders. Unfortunately, the EPA\u2019s and Army Corps\u2019 Waters of the United States Final Rule will allow the federal government to encroach on the authority of state and local governments and the rights of landowners to manage agricultural ponds, drainage ditches, and other bodies of water,\u201d said Rep. Larry Bucshon, M.D. (IN-08) \u201cWith the release of this Final Rule, the Biden Administration is taking a huge step backwards at the expense of states, localities, and private landowners.\u201d\n\n\u201cThanks to regulatory overreach, farmers, ranchers, and agricultural producers will now be forced to operate their businesses under the federal government\u2019s sixth definition of \u201cwater\u201d in the past ten years alone. The Biden Administration\u2019s newest version of \u201cWaters of the U.S.\u201d removes longstanding bipartisan exemptions for common water features like ponds or streams found on farms and ranches,\u201d said Rep. Tracey Mann (KS-01). \u201cThe Biden Administration has created regulatory chaos for producers, who are working hard to keep us all fed, fueled, and clothed. Farmers are the original conservationists, and they deserve the gratitude and support of the federal government, not red tape and burdensome overregulation. They certainly don\u2019t need Washington Democrats to tell them how to manage their own resources.\u201d\n\n\u201cI am disappointed in this Administration\u2019s latest effort to place arbitrary regulations on private property owners. For decades, Oregonians have had to bear the burden of environmental regulations written by unelected bureaucrats in DC,\u201d said Rep. Cliff Bentz (OR-02). \u201cMy constituents, who earn their living from the land, understand better than anyone how to protect and sustain it for future generations. The EPA and other federal entities have wielded WOTUS to control the most basic activities of everyday Americans. I came to Washington, DC to fight these top-down, ineffective regulatory burdens so that Oregonians have the freedom to manage the land using the commonsense practices that have been passed down through generations.\u201d\n\n\u201cCalifornia doesn\u2019t have a water problem; it has a water storage problem,\u201d said Rep. Jay Obernolte (CA-08). \u201cThe previous management agreements for the Central Valley Project and State Water Project were critical to improving our water storage capabilities, protecting our environment, and ensuring reliable water supplies for our communities and the industries that form the backbone of California\u2019s robust economy. They were science-based, peer-reviewed, and already producing encouraging results. I am extremely disappointed that the Administration has acted to reverse the meaningful progress made under these plans, and I join my colleagues in calling for the immediate reversal of this decision.\u201d\n\n\u201cReinstating the Obama-era WOTUS rule is gross federal overreach, gives the government an unprecedented level of authority over \u2018waters of the United States,\u2019 and impacts almost every part of American life, especially for farmers and ranchers,\u201d said Rep. Jeff Duncan (SC-03). \u201cWe fought this rule under President Obama, celebrated when President Trump removed it, and will fight for this disastrous abuse of power under President Biden to be reversed.\u201d\n\nBackground:\n\nIn April, Chairman Newhouse, Rep. Miller-Meeks, and Rep. Rodney Davis (IL-13) submitted an amicus brief to the Supreme Court for Sackett v. EPA outlining the importance of environmental federalism and how a poorly-defined Clean Water Act hinders environmental protections.\n\nOn March 9, Chairman Newhouse, Transportation and Infrastructure Ranking Member Sam Graves (MO-06), and Water Resources and Environment Subcommittee Ranking Member David Rouzer (NC-07) led over 200 House Republicans \u2013 including every Member of the Western Caucus \u2013 in calling for the Biden Administration to drop its plan to expand the scope of \u201cwaters of the United States\u201d (WOTUS) until Sackett v. EPA is decided by the Supreme Court. Click here to learn more.\n\nChairman Newhouse and Rep. Miller-Meeks called on the Administration to halt the rulemaking process, based on the Supreme Court\u2019s decision to take up the Sackett case, in January.\n\nChairman Newhouse hosted Rep. Davis, Illinois Farm Bureau President Rich Guebert, and Charles Yates of the Pacific Legal Foundation, a lawyer in the Sackett v. EPA case, to discuss the impacts WOTUS has on rural communities and potential implications of the Supreme Court decision. Click here to listen.\n\nWhen the Biden Administration announced their intention to revise and remand the Trump Administration\u2019s Navigable Waters Protection Rule, Chairman Newhouse, Rep. Miller-Meeks, Senator Steve Daines (MT), and Senator Joni Ernst (IA) led Western Caucus Members in a bicameral letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Acting Assistant Secretary of the Army for Civil Works Jaime Pinkham to express their serious concerns and demand answers about the Administration\u2019s plans to reopen the definition of \u201cwaters of the United States.\u201d Click here to read the letter and learn more.\n\nIn November of 2021, Western Caucus Members from across the country issued statements in response to the Administration\u2019s proposed rule. 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