Sen. Cramer Applauds Preliminary Injunction of Biden Administration WOTUS Rule

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BISMARCK – U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works (EPW) Committee, issued the below statement after North Dakota District Court Judge Daniel Hovland granted the petition for preliminary injunction, prohibiting the enforcement, implementation, or application of the Biden administration’s revised Waters of the U.S. (WOTUS) definition. North Dakota and 23 other states filed the complaint against the Environmental Protection Agency (EPA) and Army Corps of Engineers (Corps) earlier this year. 

“Beginning with President Obama, and furthered by President Biden, it is the environmentalist’s dream to regulate our water to the raindrop. Once again North Dakota is among the leaders in the fight to remind them such actions are illegal. Thanks to Attorney General Wrigley, our state is spared from federal mediocrity.” 

Background: 

Just months after President Biden took office, his administration repealed the Navigable Waters Protection Rule. In its place, the EPA and Corps redefined WOTUS to expand federal authority over state and private property.

• Two weeks ago, a bipartisan Senate and House of Representatives voted on a resolution to overturn the redefined WOTUS rule, only for the President to veto it.  
• At two recent EPW hearings, Senator Cramer questioned EPA Assistant Administrator for Water Radhika Fox and Administrator Michael Regan about the new WOTUS regulation. Specifically, he criticized the fact it puts the burden on local residents to prove their lands are not within federal jurisdiction.
• Last year, Senator Cramer and 200 of his Congressional colleagues filed an amicus brief supporting Sackett v. EPA petitioners, as the case has major implications for the scope and enforcement of the Clean Water Act, including WOTUS.