Hoeven: Federal Court Blocks Implementation of Biden Administration's Expanded WOTUS Rule

BISMARCK, N.D. – Senator John Hoeven today issued the following statement after U.S. District Judge Daniel Hovland issued a preliminary injunction blocking the implementation of the Environmental Protection Agency’s (EPA) expanded Waters of the U.S. (WOTUS) rule for the 24 states represented in the case, including North Dakota. 

“This injunction is a welcome relief from the ever-growing, burdensome regulations being pushed by the Biden administration,” said Hoeven. “This expanded WOTUS rule would impose higher costs on critical industries, including agriculture, energy and construction, leading to greater inflation throughout our economy. That’s the last thing our nation needs. We worked to introduce and pass a CRA through the Senate to block the WOTUS rule, and will continue working to provide regulatory relief and prevent President Biden from advancing his harmful and costly Green New Deal agenda. At the same time, we are hopeful that the Supreme Court’s decision in Sackett v. EPA will resolve the uncertainty created by this federal overreach, while protecting the rights of states to manage their lands and waters.”

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 costs on landowners, energy and agriculture producers and other industries. Accordingly, the senator:

  • Helped introduce a Congressional Review Act (CRA) resolution, which Congress recently passed, to rescind the expanded WOTUS rule.
  • Helped introduce legislation in the 117th Congress to codify the Trump-era Navigable Waters Protection Rule (NWPR), which replaced the 2015 Obama 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.
  • Pressed the EPA and the Army Corps to suspend rulemaking on WOTUS until the U.S. Supreme Court completes its consideration of Sackett v. EPA.