Press releases

WASHINGTON – Sen. John Kennedy (R-La.) today joined Sen. John Thune (R-S.D.) in writing to Environmental Protection Agency (EPA) Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor. The senators urged Regan and Connor to suspend a proposed rule that would redefine the scope of “waters of the United States” (WOTUS), meaning waters that the Clean Water Act protects, in a way that would clear the path for a federal land grab.

The senators asked the EPA and the U.S. Army Corps of Engineers (USACE) to suspend this proposed rule until the U.S. Supreme Court completes its consideration of Sackett v. EPA, a case that may have major implications for the Clean Water Act’s scope and enforcement.

“The federal government should not promulgate rules for the sake of political expediency, but rather provide regulatory certainty for stakeholders within the bounds of an agency’s respective statutory authority. Proceeding with the rulemaking at this time, despite the pending litigation and potentially influential ruling, will only deepen uncertainty within the regulated community,” the senators wrote.

“We are foremost troubled to see that the proposed rule exceeds the regulatory authority granted to EPA and USACE by the Clean Water Act. The proposed rule seeks to federalize waters in a land grab that arguably surpasses its 2015 predecessor, improperly encompassing water features traditionally within the sole purview of states,” the senators explained.

The senators pointed out that the rule would subject certain water features, with few exceptions, to burdensome regulatory processes that would cost landowners significant time and money.

“Given the severe financial penalties stakeholders could face for conducting standard agricultural or other land development practices under the proposed rule, family farmers and ranchers are understandably alarmed by the administration’s attempted land grab. These producers have an especially vested interest in responsible stewardship of their water and land, and they depend on precise, consistent, and durable regulations that can guide such activity,” the senators continued.

All other Republican senators also signed the letter.

The letter is available here.