SIOUX FALLS, S.D. — U.S. Sen. John Thune (R-S.D.) today released the following statement after the Environmental Protection Agency (EPA) published its new Waters of the United States (WOTUS) rule:

“Like President Obama before him, President Biden is trying to greatly expand the reach of the federal government into the lives of farmers and ranchers,” said Thune. “Opening up nearly every body of water to federal jurisdiction would be a nightmare for property owners and producers in South Dakota and across the country. I strongly oppose this thinly veiled land grab, I urge the administration to abandon this retread of a misguided rule, and if it does not, I will push for the Senate to overturn this over-reaching regulation.”

Background:

• In September 2022, Thune helped introduce the Simplify Timelines and Assure Regulatory Transparency Act, comprehensive federal regulatory permitting and project review reform legislation that would codify sensible regulations like the Navigable Waters Protection Rule instead of the Biden administration’s over-reaching WOTUS proposal.
• In April 2022, Thune joined an amicus brief in support of the petitioners in the pending case Sackett v. Environmental Protection Agency (EPA), which is directly related to how much authority the federal government has over states and private citizens to regulate “waters of the United States” under the Clean Water Act (CWA).
• In February 2022, Thune led the entire Senate Republican Conference in urging the EPA and the U.S. Army Corps of Engineers to suspend the pending rulemaking to redefine the scope of waters protected under the CWA, specifically WOTUS, until the U.S. Supreme Court completes its consideration of Sackett v. EPA, as the case is expected to have major implications on CWA scope and enforcement. Oral arguments for the case were heard on October 3, and an opinion is not expected until 2023.