Lummis Requests EPA’s Plan Following Supreme Court’s WOTUS Decision

June 26, 2023

WASHINGTON, D.C. – U.S. Senator Cynthia Lummis (R-WY) led a letter, alongside U.S. Sen. Shelley Moore Capito (R-WV) and Reps. Sam Graves (R-MO) and David Rouzer (R-NC), to the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers requesting information on how the Biden administration plans to implement the Supreme Court’s recent decision in Sackett v. EPA. While the Supreme Court’s rejection of the Biden administration’s proposed new definition of Waters of the United States (WOTUS) was a major victory for ranchers and land owners across Wyoming, the EPA needs to provide regulatory clarity by detailing their next steps.

The lawmakers stated, “The Court’s ruling reinforces property owners’ rights, protects the separation of powers by limiting your Agencies’ authority to what Congress has delegated in statute, and ensures adherence to the congressional intent in writing the Clean Water Act (CWA). Additionally, the Court upholds the cooperative federalism framework of the CWA, as well as the states’ authority and responsibility to regulate non-Federal waters within their borders. All nine Supreme Court justices agreed that the Biden Administration’s definition of ‘waters of the United States’ (WOTUS) based on ‘significant nexus’ is illegitimate, and a majority of the Court articulated a clear, easily administrable definition of WOTUS.”

The letter requested a briefing from the administration before June 28, 2023.

Read the full letter here.

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