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WASHINGTON – U.S. Senator Kevin Cramer (R-ND), member of the Senate Environment and Public Works (EPW) Committee, issued the below statement after voting for the Congressional Review Act (CRA) resolution he and his Republican colleagues introduced to overturn the Biden administration’s Waters of the U.S. (WOTUS) rule. It passed the Senate and the House of Representatives with bipartisan support.

“The Biden administration is so eager to stomp on the rights of North Dakota and landowners, it could not even be bothered to wait for the Supreme Court to make a decision on Sackett v. EPA. Instead, they circumvented the Court, subjecting farmers, ranchers, and business owners to further regulatory ping pong. Today’s vote is another crucial reminder for the administration to stay within the confines of law and curtail their overreach of our land and waters.”

Background:

Just months after President Biden took office, his administration repealed the Navigable Waters Protection Rule.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

  • 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 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.
  • In February 2022, Senator Cramer and his Republican EPW colleagues sent a letter requesting the Biden administration halt its plans to finalize WOTUS until the Supreme Court decides Sackett v. EPA. Weeks earlier, he joined a related effort alongside Senator John Thune (R-SD).