Senators Want Reasons for Replacing the Navigable Waters Protection Rule


West Virginia Republican Senator Shelly Moore Capito and several Republican colleagues want to know why the Biden EPA decided to replace the Navigable Waters Protection Rule. Capito, the Ranking Member of the Senate Environment and Public Works Committee, says, “After the administration’s continued commitments to transparency, engagement, and communication with stakeholders and Congress on this issue, the lack of transparency surrounding the decision to abandon this legally defensible and environmentally sound rule is disheartening.” The Republican Senators point out that on a briefing call after announcing the decision to replace the rule, the Environmental Protection Agency and the Corps of Engineers made several assertions as justification for the move. The agencies say the decision was based on “significant environmental damage” and “ongoing environmental harm,” as well as several implementation challenges. “To date, the limited details provided to support those assertions has contributed to only greater uncertainty for Congress, the states, and regulated entities,” the letter continues. “The agencies haven’t provided a complete analysis to back their assertions.”