Rep. Lucas Expresses Disappointment over Latest WOTUS Decision

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January 4, 2023

By News Director Jared Atha

Oklahoma Congressman Frank Lucas of Cheyenne (OK-03) lit into the EPA and the Army Corps of Engineers after the two agencies in the Biden administration revised their definition of the controversial Waters of the United State (WOTUS) rules.

Lucas expressed that he was “extremely discouraged by the EPA’s actions regulating wetlands and waters in a manner inconsistent with the Clean Water Act,”.

He said the rule failed to provide certainty for America’s farmers and ranchers at a time when increased agriculture production and growth are critical.

In 2015, the Obama Administration’s WOTUS Rule significantly expanded the definition of “waters of the United States” and gave the federal government authority to regulate almost any waters; including streams, ditches, ponds, and creeks.

In 2020, the Navigable Waters Protection Rule (NWPR), finalized by the Trump Administration, revised the definition of WOTUS and reversed this overreach, bringing back a balance between federal and state jurisdiction under the Clean Water Act.

However, President Joe Biden signed an executive order shortly after being inaugurated which directed federal agencies to review all existing regulations, orders, guidance documents, policies, and any other similar agency actions promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, including the Navigable Waters Protection Rule.

Under the direction of the order, the EPA and the U.S. Department of the Army announced their intent to revise the definition of WOTUS in June 2021. Lucas strongly opposed that order as well.

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