Congresswoman Tenney Votes for Legislation to Reverse the Biden Administration’s Overreaching WOTUS Rule

Washington, DC – Congresswoman Claudia Tenney (NY-24) voted in favor of H.J. Res 27, a joint resolution of disapproval of the Biden administration’s “Waters of the United States” (WOTUS) rule. This resolution overturns the damaging new Biden WOTUS rule that expands the Environmental Protection Agency’s federal oversight of large swaths of private agricultural land across our country. The new definition put forward by the Biden administration could include any private property with small seasonal streams, small ponds, or large amounts of groundwater. This expansive rule would open farmers and agricultural enterprises throughout New York’s 24th Congressional District to unprecedented federal intrusion.

Tenney was an original co-sponsor of the resolution, which passed the House by a vote of 227-198. Passage of H.J. Res 27 follows a letter Congresswoman Tenney and 195 House Republicans sent to the Biden Administration calling for them to reconsider this rule.

“President Biden’s WOTUS rule is extreme. It extends unprecedented power to the EPA, giving them the authority to dictate to farmers and landowners what they can and cannot do on their private lands,” said Congresswoman Tenney. “The Trump administration’s Navigable Waters rule already addressed this issue in a commonsense manner that protected our farmers and landowners from burdensome and unnecessary federal overreach. This vague rule from the Biden administration is a huge step backward that will empower federal bureaucrats while forcing farmers and producers to spend countless hours and dollars in court and on lawyers. The Biden rule is a power grab by the federal government, and I fully support this resolution to overturn it.”

Background:
The House Joint Resolution voted on today would terminate the Biden WOTUS rulemaking utilizing the Congressional Review Act (CRA), which provides a mechanism for Congress to overturn specific final agency actions. An identical measure was also introduced in the Senate today by 49 Senators, led by Environment and Public Works Ranking Member Shelley Moore Capito (R-WV).

On January 18, 2023, the Environmental Protection Administration and U.S. Army Corps of Engineers published the Administration’s long-expected WOTUS rule, which:

• Voids the 2020 Navigable Waters Protection Rule, a rule that had provided much-needed clarity and certainty for family farms and agricultural enterprises;

• Reverts to the Obama administration’s era of expansive federal jurisdiction to regulate navigable waters under the Clean Water Act, including wetlands, ephemeral streams, and ditches; 

• Moves the federal government toward a regulatory regime under which agency bureaucrats decide unilaterally what is regulated, rather than working with those who will be affected, at a time when the Supreme Court has yet to issue an opinion on a pending WOTUS case (Sackett) that will directly impact the rule.

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