Senator Roger Marshall Celebrates Supreme Court’s WOTUS Ruling 

Norton, KS- Today, the Supreme Court released a decision that undermines President Biden’s WOTUS rule. This ruling dramatically shrinks the size of the Environmental Protection Agency (EPA) ‘s authority to overregulate our waterways, not only giving farmers and ranchers more predictability but also providing all industries clarity. The Supreme Court’s ruling on the WOTUS rule comes after years of uncertainty and confusion surrounding the scope and jurisdiction of federal regulations under the Clean Water Act. 

“Today’s ruling is a huge victory for our farmers, ranchers, and small business owners nationwide,” said Senator Marshall. “By providing much-needed clarity to our agriculture industry, our producers can carry out routine farming activities without worrying about the heavy hand of the federal government and unnecessary burdens from Washington, D.C. I am proud to see the Supreme Court stand with our farmers and ranchers by rejecting the idea that a WOTUS can be every ditch, puddle, pond, and dry creek bed in America.” 

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 proposal 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.” 

On day one of his administration, President Biden signed an executive order that would roll back the Trump Administration’s actions..

In January, the Biden Administration published a final rule changing the definition of WOTUS and dramatically expanding federal regulatory authority, much like the Obama Administration. That rule became effective on March 20th but was quickly stopped in several states by federal courts. 

While the current decision by the Supreme Court did not analyze the actual Biden Rule, it still undermines the definitions used in the rule, making it no longer enforceable.