Environmental Protection Agency Administrator Lee Zeldin says the EPA will work with the Army Corps of Engineers to review the definition of “waters of the United States.”
The agencies will move quickly to ensure that a revised definition follows the law, reduces red tape, cuts overall permitting costs and lowers the cost of doing business in communities across the country while protecting the nation’s navigable waters from pollution, Zeldin said in a news release.
The EPA said given the Supreme Court’s decision in Sackett v. Environmental Protection Agency, it is time for the agency to address WOTUS in a way that provides U.S. farmers, landowners, businesses and states with clear and simplified direction.
“We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses,” Zeldin said. “The previous administration’s definition of ‘waters of the United States’ placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs, and families to help Power the Great American Comeback.”
Agriculture Secretary Brooke Rollins said farmers and ranchers are the best stewards of the land and need clear and practical water regulations.
“USDA supports EPA’s revisions to WOTUS that provide certainty and recognize the key role that agriculture plays in protecting our natural resources,” she said. “We’ll keep pushing for policies that let producers focus on what they do best — feeding, fueling and clothing our nation.”
EPA will start its review by obtaining input from stakeholders, according to the release, and it will seek targeted information on the key challenges and will undertake a rulemaking process to revise the 2023 definition of WOTUS with a focus on clarity and simplicity. The agency said it will provide guidance to those states implementing the pre-2015 definition of WOTUS to ensure consistency with the law.
EPA said its review will be guided by the Supreme Court’s decision in Sackett v. Environmental Protection Agency, which stated that the Clean Water Act’s use of “waters” encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The Sackett decision also clarified that wetlands would only be covered when having a continuous surface connection to waterbodies that are “waters of the United States” in their own right, the release said.
Senate Agriculture Chairman John Boozman, R-Ark.; Sen. Kevin Cramer, R-N.D.; Sen. Joni Ernst, R-Iowa; Sen. Katie Britt, R-Ala.; Western Caucus Chairman Doug LaMalfa , R-Calif.-01; Rep. Derrick Van Orden, R-Wis.-03; and Farm Bureau President Zippy Duvall joined Zeldin for the announcement.
