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WASHINGTON, DC - Today, Congressman David Rouzer (NC-07) issued the following statement after the Environmental Protection Agency and the U.S. Army Corps of Engineers announced their proposed rule clarifying the definition of "waters of the United States" and fully implementing the U.S. Supreme Court's decision in Sackett v. Environmental Protection Agency:

“I applaud President Trump and Administrator Zeldin for setting the stage for greatness here at home. Farmers, landowners, home builders, and job creators have been waiting for a clear, lawful, and practical WOTUS definition.  Today’s announcement delivers it. Common sense will once again be applied to the Clean Water Act and agency interpretation of what defines a navigable water in our country,” said Congressman David Rouzer. “The Biden WOTUS rule resulted in routine projects, even simple drainage issues, turned into regulatory nightmares. That approach trampled on private property rights, sidelined the role of the states, and ran counter to the Supreme Court’s crystal-clear ruling in Sackett.”

More From the EPA:

The proposal, unveiled at an event today at EPA headquarters in Washington, DC, follows the Supreme Court decision in Sackett and delivers on the Trump Administration's commitment to protect America's waters while providing the regulatory certainty needed to support our nation’s farmers who feed and fuel the world and advance EPA’s Powering the Great American Comeback initiative.

The agencies developed this proposed rule using input from multiple sources, including a pre-proposal recommendations docket, information from nine public listening sessions, and consultation comments from states, tribes, and local governments. Key proposed revisions include:

• Defining key terms like “relatively permanent,” “continuous surface connection,” and “tributary” to appropriately delineate the scope of WOTUS consistent with the Clean Water Act and Supreme Court precedent

• Establishing that jurisdictional tributaries must connect to traditional navigable waters either directly or through other features that provide predictable and consistent flow

• Reaffirming that wetlands must be indistinguishable from jurisdictional waters through a continuous surface connection, which means that they must touch a jurisdictional water and hold surface water for a requisite duration year after year

• Strengthening state and tribal decision-making authority by providing clear regulatory guidelines while recognizing their expertise in local land and water resources

• Preserving and clarifying exclusions for certain ditches, prior converted cropland, and waste treatment systems; Adding a new exclusion for groundwater; and 

• Incorporating locally familiar terminology, such as "wet season," to help determine whether a water body qualifies as WOTUS

• In addition, the limitation to wetlands that have surface water at least during the wet season and abut a jurisdictional water will further limit the scope of permafrost wetlands that are considered to have a continuous surface connection under the proposed rule. These proposed changes are intended to provide clarity and consistency to the continuous surface connection definition. 

When finalized, the rule will cut red tape and provide predictability, consistency, and clarity for American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses, and landowners for permitting under the Clean Water Act. 

Background:

In the 118th Congress, Congressman Rouzer served as Chairman of the Water Resources and Environment Subcommittee on the House Transportation and Infrastructure Committee.  As Chairman, he fought back against the Biden Administration’s flawed WOTUS Rule and its reckless impact on the American economy:

On February 2, 2023, Rouzer and Graves introduced a joint resolution of disapproval under the Congressional Review Act (CRA) on the Biden Administration’s flawed and burdensome “Waters of the United States” (WOTUS) rule.

On March 9, 2023, the House of Representatives approved the Rouzer-Graves resolution with bipartisan support in a vote of 227-198.

On March 29, 2023, the Senate also passed the resolution of disapproval in bipartisan fashion in a 53-43 vote.

On April 6, 2023, President Biden vetoed the resolution of disapproval, siding with far-left environmental activists over everyday Americans, as well as majorities in both Houses of Congress.