Hoeven Statement on Biden Administration's Final WOTUS Rule

BISMARCK, N.D. – Senator John Hoeven today issued the following statement after the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers issued a final rule to redefine the Waters of the U.S. (WOTUS). 

“The Biden administration continues to push overbroad regulations that impose increased costs and greater constraints on our economy, which ultimately lead to higher prices for American consumers,” said Hoeven. “Like the Obama-era rule, this new WOTUS definition violates private property rights and is the wrong approach for our nation. Instead, we need regulatory relief that encourages investment and reduces costs for energy development, agriculture producers and construction, among others, while empowering states to protect the water resources within their borders.” 

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.