ARLINGTON, VA – Americans for Prosperity (AFP) commends the Environmental Protection Agency (EPA) and the Department of the Army (U.S. Army Corps of Engineers) for their proposed update to the definition of “Waters of the United States,” (WOTUS), continuing the Trump administration’s commitment to moving our economy forward.
Faith Burns, fellow for energy policy at Americans for Prosperity, issued the following statement:
“This is a giant step forward to unleashing American energy abundance. Nearly every earth moving activity, from the construction of LNG pipelines to oil and gas drilling to home construction, is subject to an evaluation of whether any ‘waters of the United States’ could be impacted. It is also a strong reminder that our businesses need clarity, consistency, and predictability to plan and invest in this economy.
Today, EPA Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle recommended clawing back more of the sweeping authority the agencies have used to stop landowners, farmers, manufacturers, and individuals seeking to build across America.”
In recent years, the definition of WOTUS, that outlines the scope of federal jurisdiction over Clean Water Act permitting, has been the subject of multiple rulemakings, litigation, and U.S. Supreme Court decisions. Currently, two definitions of “waters of the United States” are being implemented across the country.
EPA has indicated this proposed rule will fully implement the direction of the U.S. Supreme Court in its 2023 decision in Sackett v. EPA, will cut red tape and provide clarity, and will strike a balance between federal and state authority.
Publication in the Federal Register will begin a 45-day comment period on the proposal.
For background:
In 2022, Americans for Prosperity Foundation argued against the overwhelming regulatory power grabs in an amicus brief in Sackett v. EPA, highlighting the real-world consequences of the EPA’s strong-arm tactics.
AFP recognizes that the WOTUS rule is foundational to achieving permit reform, as well as energy abundance and advancing the permitting process overall. In April, in comments to the agencies, we noted that this administration has an opportunity to “get it right” and that it could lead to the growing backlog of energy projects finally receiving the green light. We said then, and remind everyone now, that WOTUS remains the linchpin to permitting reform.
In September, Americans for Prosperity launched the Road to Prosperity campaign to help unleash America’s potential by elevating the critical need for permitting reform and producing enough energy to compete and power the future of our economy. We’ve hosted events in nearly a dozen states in the last month, visiting an oil rig in Louisiana, a coal mine in Pennsylvania, an iron mine in Minnesota, and an oil and gas processing site in Wyoming.
Learn more about the Prosperity is Possible campaign here.
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