Capito’s resolution wins approval to block Biden’s changes to water rules

WASHINGTON, D.C. — U.S. Senator Shelley Moore Capito is hailing bi-partisan passage of a joint resolution aimed at overturning the changes to the Waters of the United States rule from the Biden Administration.

Capito, ranking member of the Senate Environment and Public Works Committee, introduced the resolution and led the effort to roll back the measure which was unveiled by the White House in December. The Administration’s new rules changed the definition of what waters are protected under the former Navigable Waters Protection Rule.

“By voting to overturn President Biden’s waters rule, we are sending a clear, bipartisan message that Congress, even a divided one, will defend working Americans in the face of executive overreach,” Capito said. “I’m proud to lead my colleagues in standing up for farmers and ranchers, landowners and builders, and energy and infrastructure workers across the United States. I urge President Biden not to overrule the will of a bipartisan majority in Congress, and instead draft a new rule that doesn’t unfairly penalize millions of Americans and jeopardize future growth in our country.”

Capito said she has been told the White House plans to veto the measure which she added makes it even more frustrating.

“He’s really not listening to the voices of the heartland of this country if he vetoes this. This is a very far-reaching rule that impacts so many small businesses and farmers in the state of West Virginia,” she said. “What the Biden administration has done is moved that definition of navigable waters to be an ephemeral stream or farm pond.”

Capito worried the language would force farmers, developers, and other small business owners in West Virginia to hire lawyers to help do the most basic, but critical tasks in their line of work. Things like moving a fence or building a new building on their own private property would require difficult paperwork, permits, and red tape.

Capito noted five Democrats in the Senate joined in voting for her resolution. One of those was U.S. Senator Joe Manchin.

“The Administration’s WOTUS rule is yet another example of dangerous federal overreach. The proposed changes would inject further regulatory confusion, place unnecessary burdens on small businesses, manufacturers, farmers and local communities, and cause serious economic damage. It is essential to ensure clean water for all West Virginians and Americans, but we can achieve this without regulating our hard-working people out of business. I’m proud to support this resolution of disapproval and I encourage President Biden to accept this clear and bipartisan rejection of his Administration’s overreaching and unnecessary rule,” Manchin said in a statement after the vote.

There’s already a case challenging the rules pending before the Supreme Court of the United States. The court is expected to rule on the measure in June, which could change the rules yet again.