48 Senate Republicans Introduce Resolution to Challenge Biden Administration’s WOTUS Rule

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In a major show of force against the Biden administration’s Waters of the United States (WOTUS) rule, 48 Senate Republicans introduced a formal challenge Thursday through a Congressional Review Act (CRA) joint resolution of disapproval. The resolution, led by Ranking Member of the Senate Environment and Public Works Committee Shelley Moore Capito (R-W.Va.), comes after the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced a new rule in December 2022 repealing the Navigable Waters Protection Rule (NWPR), and changing the definition of Waters of the United States in a way that will expand federal regulatory authority.

“With its overreaching navigable waters rule, the Biden administration upended regulatory certainty and placed unnecessary burdens directly on millions of Americans,” Ranking Member Capito said. “This Congressional Review Act resolution of disapproval will give every member of Congress the chance to stand with farmers, ranchers, landowners, and builders, and protect future transportation, infrastructure, and energy projects of all kinds in their states. I appreciate the widespread support we’ve received in both the Senate and House, and across the country, as we fight to place an important check on this misguided overreach from the Biden administration.”

As Ranking Member Capito introduced the CRA resolution in the Senate, US. Rep. Sam Graves (R-Mo.-06), chairman of the House Committee on Transportation and Infrastructure (T&I), simultaneously led his colleagues in introducing an identical resolution in the House.

Cosponsors of Ranking Member Capito’s resolution include U.S. Senators Mitch McConnell (R-Ky.), John Thune (R-S.D.), John Barrasso (R-Wyo.), Joni Ernst (R-Iowa), Steve Daines (R-Mont.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Mike Braun (R-Ind.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Bill Cassidy (R-La.), Susan Collins (R-Maine), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Ted Cruz (R-Texas), Deb Fischer (R-Neb.), Lindsey Graham (R-S.C.), Chuck Grassley (R-Iowa), Bill Hagerty (R-Tenn.), Josh Hawley (R-Mo.), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Ron Johnson (R-Wis.), John Kennedy (R-La.), James Lankford (R-Okla.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kan.), Jerry Moran (R-Kan.), Markwayne Mullin (R-Okla.), Lisa Murkowski (R-Alaska), Rand Paul (R-Ky.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), Mitt Romney (R-Utah), Mike Rounds (R-S.D.), Marco Rubio (R-Fla.), Eric Schmitt (R-Mo.), Rick Scott (R-Fla.), Tim Scott (R-S.C.), Dan Sullivan (R-Alaska), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), J.D. Vance (R-Ohio), Roger Wicker (R-Miss.), and Todd Young (R-Ind.).

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The full text of the resolution can be found here.

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