What They Are Saying: Central Washington Stands with Newhouse and 201 Members in Calling on the Biden Administration to Drop WOTUS Expansion

WASHINGTON, D.C. – Last week, Rep. Dan Newhouse (R-WA), Chairman of the Congressional Western Caucus, led 201 House Republicans, including House Republican Leader Kevin McCarthy (R-CA), House Republican Whip Steve Scalise (R-LA), House Republican Conference Chair Elise Stefanik (R-NY), and their entire Western Caucus membership, in sending a letter to the Biden Administration calling on them to drop their plan to expand the scope of “waters of the United States” (WOTUS). Today, industry leaders, stakeholders, and representatives in Central Washington issued the following statements in support of the letter:

“Washington Farm Bureau applauds the effort of Congressman Newhouse and the hundreds of other members of Congress calling on President Biden to stop the new rulemaking effort on WOTUS. Farmers and ranchers need regulatory certainty and predictability to continue to provide an abundant food supply. The present rules provide environmental protection and predictability for producers. Now is the time to shore up our domestic food production system, not undercut it by further uncertainty.” —John Stuhlmiller, Chief Executive Officer, Washington Farm Bureau

"The Washington Cattlemen's Association greatly appreciates Representative Newhouse fighting EPA's regulatory overreach. Their proposed changes to WOTUS threaten our family ranches with unworkable regulations that defy common sense and ignore private property rights." —Washington Cattlemen’s Association

“The Supreme Court has a pending case that we hope will clear up the EPA jurisdictional issues. Any rulemaking now would provide even greater confusion for U.S. farmers and ranchers. The Columbia Basin Development League supports Congressman Newhouse’s efforts to pause EPA’s rulemaking on WOTUS.” —Sara Higgins, Deputy Director, Columbia Basin Development League

“WOTUS represents one of the most significant compliance challenges small business owners face. With major WOTUS litigation pending before the Supreme Court, the EPA and the Corp have no business engaging in major rulemaking. NFIB appreciates the leadership of Congressman Newhouse in standing up for small business owners by leading this important effort.” —Patrick Connor, Washington State Director, National Federation of Independent Business (NFIB)

“The proposed rule will return to uncertainty, disregarding the expertise of state partners. We need to double down on food security for our country, not regulation preventing family farms from feeding our nation.” —Adam Weber, Weber Farms, Quincy, WA

“The original goal of the Clean Water Act – to establish a basic structure for regulation of discharges of pollutants into the waters of the United States and regulating quality standards for surface waters – has long been muddied by activism and politics. In 2019, the 2015 WOTUS rule was repealed for four primary reasons all related to the over-reach created by the application of the significant nexus in the interpretation of navigable, interstate, and territorial waters. Redefining it yet again will do little for water quality but will have serious implications for farmers who are already struggling. The 2015 definition outlined eight types of jurisdictional waters under WOTUS: traditional navigable water, interstate waters, territorial waters, “tributaries” and “adjacent” waters, and the final types of waters were those found to have a “significant nexus” to traditional navigable waters, interstate waters, or territorial seas. Effectively, the application of “significant nexus,” which required a “scientific and policy judgement, as well as legal interpretation,” created a broad application of WOTUS that gave the EPA under the Clean Water Act the authority to deem nearly every body of water in the United States protected under WOTUS.”—Pam Lewison, Agriculture Research Director, Washington Policy Center

“The Washington Winegrowers join with farmers and ranchers across the U.S. calling on EPA to pause rulemaking on WOTUS. With a pending case before the U.S. Supreme Court, there is potential to finally bring clarity to EPA jurisdictional issues. Premature rulemaking will lend to increased confusion for landowners who are simply trying to follow the law and make a living feeding America.” —Vicky Scharlau, Executive Director, Washington Winegrowers Association

You can read the full letter here.

Background:
 
In January, Rep. Newhouse called on the Biden Administration to terminate their proposed WOTUS rulemaking after the U.S. Supreme Court announced it would consider a case focused on the scope of the definition of “waters of the United States” (WOTUS).

Rep. Newhouse recently hosted a podcast episode featuring Charles Yates of the Pacific Legal Foundation, one of the contributing lawyers in the Sackett v. EPA Supreme Court case, as well as Rep. Rodney Davis (R-IL) and Illinois Farm Bureau President Rich Guebert, to discuss the impacts WOTUS has on rural communities and potential implications of the Supreme Court decision. Click here to listen.
 
In July 2021, when the Biden Administration announced their intention to revise and remand the Trump Administration’s Navigable Waters Protection Rule, Rep. Newhouse led Western Caucus Members in a bicameral letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Acting Assistant Secretary of the Army for Civil Works Jaime Pinkham to express their serious concerns and demand answers about the Administration’s plans to reopen the definition of “waters of the United States.” Click here to read the letter and learn more.

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