Hoeven: Biden Administration’s Final WOTUS Rule a Costly Overreach

BISMARCK, N.D. – Senator John Hoeven today issued the following statement after the Biden administration’s final rule to redefine the Waters of the U.S. (WOTUS) was published in the Federal Register.

“The Biden administration’s new WOTUS definition is a costly federal overreach that we cannot afford,” said Hoeven. “President Biden continues to push America down the wrong path with higher taxes and burdensome regulations that will stifle needed energy development and only make inflation worse. We should instead take a states-first approach to protecting our land and waters that respects private property rights and will help reduce costs across the economy, including for our agriculture and energy producers.” 

Hoeven has been working to protect private property rights and push back on the Biden administration’s efforts to advance an expanded WOTUS rule, which imposes unworkable mandates, burdensome new permitting requirements and compliance cost on landowners, energy and agriculture producers and other industries. Accordingly, the senator:

  • Helped introduce legislation to codify the Trump-era Navigable Waters Protection Rule (NWPR), which replaced the 2015 WOTUS rule.
    • Hoeven previously worked to advance the NWPR, following his efforts to defund WOTUS in 2015 and 2016 and prevent its implementation.
  • Joined an amicus brief to the U.S.  Supreme Court in the case of Sackett v. EPA urging for the preservation of state authority to regulate local waters and lands.
  • Pressing the EPA and the Army Corps to suspend rulemaking on WOTUS until the U.S. Supreme Court completes its consideration of Sackett v. EPA.