March 29, 2023

Young Votes for Resolution Overturning Biden Administration’s Waters of the U.S. Rule

WASHINGTON, D.C. — U.S. Senator Todd Young (R-Ind.) joined with a bipartisan majority of senators in voting for a Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden’s overreaching Waters of the United States (WOTUS) rule.

The legislation passed the Senate 53-43 after passing the House of Representatives earlier this month. It now goes to the President’s desk.

“The EPA’s decision to rewrite the WOTUS rule will create red tape for Hoosier farmers and builders who need regulatory clarity,” said Senator Young. “Today, this unnecessary bureaucratic overreach was opposed by a bipartisan majority of U.S. Senators. The Biden Administration should abandon these unfair, confusing, and costly regulations.” 

The resolution comes after the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced a new rule in December 2022 repealing the Navigable Waters Protection Rule (NWPR), and changing the definition of Waters of the United States in a way that will expand federal regulatory authority.

Full text of the resolution can be found here. A one-pager can be found here


 In 2015, the Obama administration finalized a rule that expanded the definition of WOTUS, creating confusion and burdensome red tape, especially for agriculture and construction industries across the United States.  

The Trump administration released a proposed rule to replace the 2015 WOTUS rule with a new one that provided much-needed predictability and certainty for farmers by establishing clear and reasonable definitions of what qualifies as a “water of the United States.” The NWPR was finalized in 2020.

On day one of his administration, President Biden signed an executive order to begin the process of rolling back the Trump administration’s NWPR. 

In December 2022, the EPA issued a new rule repealing the NWPR and changing the definition of WOTUS in a way that will expand federal regulatory authority.