Central ND News

U.S. Senator Kevin Cramer, Chairman of the Senate Environment and Public Works Subcommittee on Transportation and Infrastructure, participated in a significant announcement alongside Environmental Protection Agency (EPA) Administrator Lee Zeldin regarding the definition of Waters of the United States (WOTUS).

The EPA has issued new guidance that clarifies wetlands will fall under federal jurisdiction only if they abut traditional navigable waters and have a continuous surface water connection. This aligns with the Supreme Court decision in Sackett v. U.S. EPA, which specified that the Clean Water Act covers only relatively permanent, standing, or continuously flowing bodies of water such as streams, oceans, rivers, and lakes. The EPA also plans to start a rulemaking process to fully align WOTUS with Sackett.

The Clean Water Act was designed to clarify which bodies of water are subject to federal regulations. However, the U.S. Supreme Court's ruling in Sackett v. EPA significantly narrowed this scope of oversight. In response, the Biden administration's EPA and U.S. Army Corps of Engineers finalized a rule that did not fully adhere to Sackett's limitations but instead adopted a case-by-case approach requiring landowners to seek federal permission before managing their property’s water.

"Our farmers, ranchers, and landowners in North Dakota have always managed their water with the same respect as their land," stated Cramer. "There are a lot of people in the previous administration who just ignored the Sackett decision. The Biden rule was like putting a highway patrolman on every car, to seek their permission to go 65. This is a great new day, and I think you’ll be overwhelmed with good comments from Midwestern farmers."

Cramer has been an advocate for clarity on WOTUS during his time in Congress and has consistently questioned witnesses at EPW hearings about the Biden administration's rule approach.

He previously sent a letter urging for "a clear and swift change in administrative direction" regarding WOTUS compliance with Supreme Court rulings back in June 2023. He also supported an amicus brief backing Sackett petitioners along with Congressional colleagues in April 2022 and requested halting plans until after the Supreme Court's decision earlier that year.