Sen. Marshall joins Senate Colleagues on Waters of the United States Resolution of Disapproval

(Washington, D.C., February 10, 2023) – U.S. Senator Roger Marshall, M.D. has joined U.S. Senator Shelley Moore Capito’s (WV) Congressional Review Act (CRA) resolution of disapproval for the Biden administration’s recently announced Waters of the United States (WOTUS) rule. Senator Marshall joined all 48 of his Senate Republican colleagues on this resolution that, if enacted, would prevent the proposed WOTUS rule from taking effect.

Senator Marshall released the following statement regarding his support for this CRA:

“President Biden’s reckless expansion of the WOTUS rule is only adding more regulations and red tape to everyday life in Kansas,” said Senator Marshall. “If allowed to go into effect, this rule will negatively impact farmers and ranchers, rural landowners, road and bridge contractors and residential developers, working against the growth and prosperity every Kansas community is trying to achieve. The goal of providing clean water for Americans should not come at the cost of substantial economic disruptions and regulatory uncertainty.”

Major national organizations in the agricultural, housing, and construction industries, among others, have all come out in opposition to the Biden administration’s proposed WOTUS rule.

Background on President Biden’s WOTUS Rule:

In 2015, the Obama Administration finalized a rule that expanded the definition of the Waters of the United States—giving the federal government authority to regulate water on much of the land in Kansas—and creating confusion and burdensome red tape for Kansas’ agriculture industry and many others.

The Trump Administration released a proposed rule to replace the Obama Administration’s 2015 WOTUS rule with a new rule that provided much-needed predictability and certainty for farmers by establishing clear and reasonable definitions of what qualifies as a “water of the United States.” The new Navigable Waters Protection Rule was finalized last year.        

On day one of his administration, President Biden signed an executive order that would roll back the Trump Administration’s executive order which began the process of rescinding Obama’s WOTUS rule.

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