Rep. Mann Fires Back at Biden Administration’s Amended WOTUS Rule

WASHINGTON, D.C. - Today, U.S. Representative Tracey Mann (KS-01) released the following statement in response to the amended Waters of the United States (WOTUS) rule released by the U.S. Environmental Protection Agency (EPA) following the U.S. Supreme Court’s May ruling in the Sackett v. EPA case.

“The U.S. Supreme Court decision from May was very clear – the federal government may not use the Clean Water Act to violate the private property rights of American citizens,” said Rep. Mann. “Now, the Biden Administration has scrambled to tweak their terrible rule just enough in an attempt to comply with the Supreme Court’s ruling and solicited zero stakeholder feedback in the process. The final rule’s jargon looks different, but the big government encroachment onto private property remains the same. While President Biden would like to federally regulate every small stream, ditch, and puddle from sea to shining sea, American producers have been the careful custodians of their own resources for centuries. I will keep fighting this rule tooth and nail on behalf of the people who feed, fuel, and clothe us all, and also on behalf of all Americans whose businesses and private lives are being affected by this gross example of government overreach.”

The new, amended rule, removes the “significant nexus” standard for determining whether wetlands or waters are covered by the Clean Water Act.

Since 2012, presidential administrations have sought to define waters of the U.S., and farmers, ranchers, and agricultural producers have operated under at least five definitions of “water” in the last ten years. In January 2023, the Biden Administration published its final WOTUS rule.

In February, Kansas joined 23 states in filing a federal lawsuit against the EPA over the WOTUS rule. In April, a federal judge issued a preliminary injunction, prohibiting the rule from being enforced. In April, a federal judge issued a preliminary injunction, prohibiting the rule from being enforced. With this court ruling, the 2023 WOTUS rule may not be enforced until this litigation is resolved.

Rep. Mann has been fighting against President Biden’s overreaching WOTUS rule since the beginning.

Click here to see Rep. Mann's January 2023 letter to the U.S. Environmental Protection Agency regarding the new WOTUS rule.

On March 9, 2023, the U.S. House of Representatives passed H.J. Res. 27by a vote of 227-198. Click hereto view Rep. Mann’s remarks on the House Floor in support of the WOTUS Congressional Review Act.

On March 29, 2023, the U.S. Senate passed H.J. Res. 27by a vote of 53-43.

On April 6, President Biden vetoed H.J. Res. 27.

Click hereto view Rep. Mann’s remarks on the House Floor on April 18, 2023 during the congressional override of President Biden’s veto of the WOTUS legislation.

On May 25, the U.S. Supreme Court unanimously ruled in Sackett V. EPA to protect landowners' rights and limit government overreach under President Biden's Waters of the U.S. rule and the Clean Water Act.

Click hereto read more about the amended rule.

###