House Votes to Repeal Biden Regulation of US Waters, Wetlands

On March 9, the House approved a resolution to repeal a Biden administration regulation concerning U.S. waters & wetlands.

The resolution passed 227–198. The resolution was approved by 227 votes to 198. The resolution is unlikely to be adopted by the Democrat-controlled Senate.

The Environmental Protection Agency (EPA), and the Department of the Army announced in June 2021 that they would be revising what qualifies for the EPA’s definition of “environmental protection”. “waters of the United States” (WOTUS). The Federal Register published the regulation on January 18, 2023. It is scheduled to go into effect on March 20, 2023.

“When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” Michael Regan, EPA Administrator, stated this in a Dec. 30, 2022 Press Release. “Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.”

“This final rule recognizes the essential role of the nation’s water resources in communities across the nation,” Michael Connor, Assistant Secretary of Army for Civil Works in the press release. “The rule’s clear and supportable definition of waters of the United States will allow for more efficient and effective implementation and provide the clarity long desired by farmers, industry, environmental organizations, and other stakeholders.”

However, Rep. Thomas Massie, R-Ky., decried the rulemaking before the vote on this resolution because it was done in the executive rather than Congress.

In March, the House Transportation and Infrastructure Committee voted for the resolution to be brought to the House floor.

“As American families and businesses continue suffering under the economic crises caused by the disastrous Biden policies of the last two years, this Administration has inexplicably decided to move the country back toward the overreaching, costly, and burdensome WOTUS regulations of the past,” Rep. Sam Graves (R.Mo.), chairman of the committee, said. In a Feb. 28 communiqué Press release.

“With today’s committee action, the House has taken the first step necessary to rescind the Biden administration’s flawed WOTUS rule,” The press release quoted David Rouzer, Chairman of the Water Resources and Environment Subcommittee (R-N.C.). “This rule needs to be repealed so Americans across the country are protected from subjective regulatory overreach making it harder to farm, build, and generate economic prosperity.”