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Letter Requests EPA and Army Corps to Change Course Following SCOTUS Decision on WOTUS

WASHINGTON — U.S. Senator Kevin Cramer (R-ND), member of the Environment and Public Works (EPW) Committee, called on the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) to provide a “clear and swift change in administrative direction” on Waters of the United States (WOTUS) to prevent further delay of determining jurisdiction. In addition, the letter asks the agencies to provide more information regarding the associated cost savings and whether the agencies will adhere to the Supreme Court’s decision in Sackett v. EPA.

“In an attempt to rectify “serious vagueness concerns,” the Court provided a clear definition of WOTUS to protect the regulated community and states’ authority from unlawful federal overreach. In light of the clear decision, we are calling on you to issue expedient guidance with clear guardrails for the EPA and Corps to operate within so jurisdictional determinations can resume,” wrote Senator Cramer.

“While the decision did not align with the Administration’s perspective, both these issues should be addressed promptly so the American people are not relegated to more regulatory limbo by an unresponsive or dilatory bureaucracy in Washington,” continued Senator Cramer.

“The estimated reduction in expected agency actions should be accompanied by the agencies’ estimated financial savings due to the reduced workload. Any guidance published without an estimated reduction in agency actions and associated cost savings would raise serious concerns about the agencies’ willingness to display meaningful progress toward complying with the Court’s decision,” concluded Senator Cramer.

Click here to read the letter.

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