WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, applauded the Environmental Protection Agency’s (EPA) and the U.S. Army Corps of Engineers’ (USACE) efforts to align agency implementation actions with the law across the nation and begin the public comment process on key elements of the agencies’ future rulemaking to the definition of waters of the United States (WOTUS). 

“I commend EPA and USACE for taking this first step to carefully provide the clarity landowners, farmers, businesses, and local governments have been asking for by refining the scope of WOTUS without excessive overreach. This action ensures that only wetlands with a true, continuous connection to jurisdictional waters fall under federal oversight, while eliminating ambiguity and unnecessary burdens for landowners and aligning with the Supreme Court’s Sackett decision.

“Delivering a framework that is both clear and legally sound, refining key definitions, and rescinding prior vague and inconsistent guidance brings predictability to those who rely on clear and workable water regulations. It also reaffirms the importance of public input, with dedicated stakeholder engagement opportunities to ensure a balanced approach moving forward. I applaud the Trump administration for taking this smart, targeted approach to WOTUS that creates clarity without overreach and protections without confusion,” Chairman Capito said.

HISTORY OF CAPITO’S ACTIONS ON WOTUS:

In October 2023, Senator Capito participated in an EPW Committee hearing on the aftermath of the Supreme Court striking down President Biden’s overreaching, illegal WOTUS rule.

In August 2023, Senator Capito issued a statement expressing her disappointment that the Biden WOTUS rule was clear regulatory overreach despite the Supreme Court soundly rejecting its ‘waters of the United States’ definition in Sackett v. EPA.

In March 2023, the U.S. Senate passed Senator Capito’s Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden’s overreaching WOTUS rule by a vote of 53-43.

In April 2022, Senator Capito led 45 senators and 154 House members on an amicus curiae brief filed in the U.S. Supreme Court in support of the petitioners in the pending case Sackett v. EPA. In May 2023, the Supreme Court ultimately ruled in favor of the petitioners and significantly narrowed the authority the federal government has over states and private citizens to regulate “waters of the United States” at the expense of states and private citizens under the Clean Water Act (CWA).

In September 2022 and again in May 2023, Senator Capito led her Republican colleagues in introducing comprehensive federal regulatory permitting and project review reform legislation that would have codified the Trump administration’s NWPR definition of “waters of the United States” under the Clean Water Act.

In February 2022, Senator Capito led her Republican colleagues on the EPW committee in a letter to EPA Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor specifically requesting the Biden administration immediately halt plans to finalize a novel definition of WOTUS under the Clean Water Act until after the Supreme Court’s ruling in Sackett v. EPA.

In November 2021, Senator Capito issued a statement expressing her dismay at the announcement of the first step in EPA’s two-step process to replace the Trump administration’s 2020 NWPR and promulgate a new definition of WOTUS.

In August 2021, Senator Capito sent a letter to EPA Administrator Regan and Jaime Pinkham, the Acting Assistant Secretary of the Army for Civil Works, asking for a more complete and comprehensive stakeholder engagement process regarding repealing and replacing NWPR. Specifically, Senator Capito requested an extended public comment period for receiving recommendations.

That letter followed Senator Capito’s previous letter requesting additional clarity on the basis for the decision to repeal and replace NWPR and yet another letter, which she led her Republican colleagues on the committee in sending, requesting increased transparency into the process of repealing NWPR.

In July 2021, Michael Connor, President Biden’s nominee to lead the Corps, admitted he wasn’t aware of any specific environmental degradation under NWPR.

Senator Capito, along with Senators Cramer, Lummis, Inhofe, and Wicker, also introduced legislation in July 2021 that would codify NWPR.

In February 2021, the Senate passed an amendment introduced by Senator Capito that upheld the Trump administration’s NWPR.