NE Missouri News

Transportation and Infrastructure Committee Chairman Sam Graves, along with fellow Republicans on the committee, has raised concerns regarding the Biden-Harris Administration's approach to the Supreme Court's ruling on "waters of the United States" (WOTUS) under the Clean Water Act. The administration is accused of not complying with the 2023 Supreme Court decision in Sackett v. EPA.

In a letter addressed to leaders of the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, Republican members stated, "This Administration is not adhering to Sackett, attempting to maintain broad Federal overreach, slow-walking implementation, failing to provide adequate direction to regulated communities, and delaying projects which require certainty under a CWA permitting regime."

The letter highlights various concerns from stakeholders about the lack of clarity and direction on WOTUS since the Sackett decision. These issues were also discussed during a September hearing by the Water Resources and Environment Subcommittee.

"In Sackett, the Supreme Court provided needed clarity on the definition of a WOTUS, reinforcing property owners’ rights, protecting the separation of powers by limiting the authority that Congress explicitly delegated in statute, and adhering to the Congressional intent of the CWA," said members in their communication.

Despite what T&I Republicans describe as an unequivocal decision by the Court providing necessary clarity, they claim that the Biden-Harris Administration continues to disregard this ruling. They have asked EPA and Corps officials for information about steps being taken to align with Sackett and plans for offering more guidance to affected parties. The request also includes details on delayed decisions impacting significant projects.