ConservAmerica Encouraged by Senate’s Passage of WOTUS Joint Resolution

March 29, 2023

Washington, DC – The United States Senate voted today to send House Joint Resolution (H.J. Res.) 27 to President Biden’s desk. The Congressional Review Act Resolution, championed in the Senate by Environment and Public Works Committee Ranking Member Shelly Moore Capito (R-WV) and in the House by Transportation and Infrastructure Chairman Sam Graves (R-MO), overturns the Environmental Protection Agency and Army Corp of Engineers’ revised definition of “Waters of the United States” (WOTUS).   

“We are pleased that the Senate passed this joint resolution today,” said ConservAmerica Vice President of Policy Todd Johnston. “By subjecting a broad array of water features to case-by-case applicability determinations, the final rule is vague, impractical, and will hinder project development. Remarkably, this rule works at cross-purposes with many of the Administration’s incentives for clean energy and infrastructure development. Efforts to reform, strengthen, and improve protections for our nation’s waterways are among ConservAmerica’s highest priorities, but the agencies’ rules must provide clear jurisdictional boundaries and be applied in a manner that respects private property rights, and state and local government roles.”

Johnston continued, “Unfortunately, President Biden has already stated that he will veto the Joint Resolution. That said, it is encouraging to see bipartisan support for the types of permitting and regulatory reform initiatives that are needed to get America working again.”

The EPA and the Army Corps of Engineers, in November 2021, announced plans to revise the definition of WOTUS. The latest proposal would put back into place the pre-2015 definition of WOTUS to reflect consideration of previous Supreme Court decisions. On December 30, 2022, the agencies announced the final "Revised Definition of 'Waters of the United States'" rule. The rule took effect on March 20, 2023.  

More from ConservAmerica on this issue:

EPA Should Pause WOTUS Rulemaking Until Supreme Court Hears Sackett v. EPA

ConservAmerica Calls on EPA, USACE to Suspend WOTUS Rulemaking Until Court Decision

ConservAmerica is a nonprofit organization that advocates for market-based solutions to conservation, environmental, and energy challenges. Visit us at ConservAmerica and follow us on Twitter @ConservAmerica and Facebook. CONTACT: media@conservamerica.org.