Davis: “Congress never intended to give the EPA jurisdiction over every ditch, puddle, or stream… The Supreme Court should put an end to the Biden Administration’s regulatory overreach and confusion.”
Last week, U.S. Representative Rodney Davis (R-IL) submitted an amicus brief for the upcoming U.S. Supreme Court case, Sackett v. EPA, which could determine the definition of “Waters of the United States” (WOTUS) under the Clean Water Act. The Biden Administration has moved to repeal the popular and concise Navigable Waters Protection Rule, which was established under the Trump Administration.
“Congress never intended to give the EPA jurisdiction over every ditch, puddle, or stream,” said Rep. Rodney Davis. “Farmers, ranchers, small business owners, and landowners deserve certainty. The Supreme Court should put an end to the Biden Administration’s regulatory overreach and confusion. The farmers I represent and the communities in my district are already committed to clean water and conservation, protecting private property, and utilizing their land-use rights guaranteed by the Constitution. My constituents don’t need any more unnecessary confusion caused by the federal government.”
The amicus brief outlines the importance of environmental federalism and how a poorly defined Clean Water Act hinders environmental protection by interfering with effective state, local, and private action. As the brief states, “Simply put, the incredible ecological variety throughout the nation makes one-size-fits-all national environmental regulation unworkable,” and “environmental protection and conservation remain core, traditional areas of state and local regulation.”
The brief also provides a legislative history and analysis of congressional intent explaining that The Clean Water Act’s history confirms that Congress did not give EPA power to regulate land like the Sacketts’ under the Act’s permit provisions.
Original source can be found here.