U.S. Sens. Shelley Moore Capito (R-WV) and Roger Wicker (R-MS) on July 29 joined almost three dozen other Republicans serving on the U.S. Senate Environment and Public Works Committee to introduce legislation that would uphold the April 2020 Navigable Waters Protection Rule (NWPR), which defines “waters of the United States.”
“The Navigable Waters Protection Rule is clear, commonsense policy that is in effect in 50 states,” said Sen. Capito, who is ranking member of the committee. “Unfortunately, President Biden is working quickly to undo this.”
The final NWPR rule implements the overall objective of the Clean Water Act to restore and maintain the integrity of the nation’s waters by maintaining federal authority over those waters that Congress determined should be regulated by the federal government while adhering to Congress’ policy directive to preserve states’ primary authority over land and water resources, according to the rule published in the April 21, 2020 Federal Register. The rule says the final definition increases the predictability and consistency of Clean Water Act programs by clarifying the scope of ‘‘waters of the United States’’ federally regulated under the act.
However, the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers are expected to offer a new rule that could allow the EPA to regulate ditches on private lands and converted croplands, ultimately inflicting harm on the agriculture, construction, home building, forestry, mining, and energy sectors of the economy, according to information provided by the lawmakers.
“Replacing this rule with something like the 2015 illegal WOTUS [Waters of the United States] Rule would completely reframe all water policy and devastate farmers, manufacturers and small business owners across the country — including in West Virginia,” said Sen. Capito. “We’ve already had enough uncertainty during this administration, and there’s no need to create more.”
Sen. Capito sponsored the Navigable Waters Protection Act of 2021, S. 2567, with 32 original cosponsors, including Sen. Wicker, to codify the current rule, which she said “is a critical step in protecting West Virginia from the threat of yet another overreaching EPA regulation.”
Specifically, the 2020 NWPR establishes a definition for a “water of the United States” that identifies four categories of jurisdictional waters, provides clear exclusions for many water features — which traditionally have not been regulated at the federal level — and defines terms in the regulatory text that have not been defined before, according to the senators’ information.
The NWPR also protects the environment, respects the federalism framework of the Clean Water Act, clearly delineates where federal regulations apply, and gives states and local authorities more flexibility to determine how to best manage waters within their borders, the information says.
“The Trump administration’s Navigable Waters Protection rule recognizes state control over local waters while still maintaining important protections for our environment,” Sen. Wicker said. “Codifying this rule would ensure federal regulations are not overly burdensome for Mississippi’s farmers and small business owners. I am glad to stand with my colleagues in this effort.”