North Dakota Ag Connection - Burgum, Hoeven: EPA, Corps to Roll Back WOTUS

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Burgum, Hoeven: EPA, Corps to Roll Back WOTUS
North Dakota Ag Connection - 06/28/2017

Senator John Hoeven Tuesday announced that the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers have issued a proposed rule to roll back the Waters of the U.S. (WOTUS) regulation. The proposed rule restores the regulations that were in place prior to the final WOTUS rule, which was issued in 2015. As a member of the Senate Appropriations Committee, Hoeven wrote the language and worked to defund the rule in 2016 and 2017, helping to prevent its implementation.

"We can ensure good environmental stewardship for our nation's waterways without overriding the role of states and undermining our economy," Hoeven said. "Today's action rolls back the overreach of the previous administration and restores regulatory certainty for farmers, ranchers and small businesses across the country."

This is the first of two steps established by the executive order signed by the president in February to rescind or revise the Obama-era regulation, which impacted small businesses from farmers and ranchers to the construction industry and energy sector.

Gov. Doug Burgum released the following statement today in response to the U.S. Environmental Protection Agency, Department of the Army and U.S. Army Corps of Engineers proposing a rule to rescind the "Waters of the U.S." (WOTUS) rule.

"Clean water is critical to quality of life and our economy, and no one cares more about clean water in North Dakota than the people who live here. Today's action is a welcome step toward a rule recognizing that states are best positioned to protect, manage and regulate their own waters," Burgum said. "The Obama administration's WOTUS rule was a particularly egregious example of regulatory overreach that effectively classified almost every pond, pothole and slough as a federal managed waterway, creating confusion and uncertainty for farmers, ranchers, landowners and local governments. We are encouraged that the EPA and Corps of Engineers have been reaching out to governors early in this renewed rulemaking process, and we hope such consultation will continue and culminate in a rule that respects states' authority and unique role in protecting their water resources. We are grateful to EPA Administrator Scott Pruitt for his leadership on this issue."

In July 2015, North Dakota spearheaded a lawsuit filed with a dozen other states against the EPA and Corps of Engineers over the WOTUS rule. The rule was blocked when the U.S. Court of Appeals for the Sixth Circuit granted a nationwide stay in October 2015. President Donald Trump signed an executive order Feb. 28 to begin the process of rescinding or revising the WOTUS rule.

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