Issue Position: Environment

Issue Position

There is no question that we need common sense environmental policies that protect our natural resources. However, I am concerned that some policies coming out of Washington, D.C., will result in more harm than good. Policies such as the Environmental Protection Agency's (EPA) greenhouse gas regulations and rules to lower ozone standards and redefine the "waters of the United States" will slow our economic growth and increase the cost of energy and agriculture production.

In the U.S. Senate, I have actively opposed EPA's regulation that would significantly expand its authority to regulate small wetlands, creeks, stock ponds, and ditches under the Clean Water Act and would reverse what has long been the responsibility of states. Redefining "water of the United States" would effectively eliminate the Clean Water Act's "navigable waters" provision Congress specifically referenced to guarantee limits on federal authority. Bodies of water currently deemed "waters of the U.S." are subject to multiple regulatory requirements under the Clean Water Act, including permitting and reporting, enforcement, mitigation, and citizen suits.

If the EPA's power-grab is left unchecked, few bodies of water will escape the regulatory reach of the EPA, and countless small wetlands and creeks, typically regulated at the state level, would be subject to new federal permits, compliance costs, and threats of significant fines.

Fortunately, South Dakota was included in an August 2015 injunction from the federal district court in North Dakota that temporarily blocked the Obama EPA from implementing its burdensome WOTUS rule in 13 states. In October 2015, this costly regulation was dealt another legal blow when the Sixth Circuit Court of Appeals extended to all 50 states the same injunction the district court had imposed in August. I applaud these recent decisions and will continue to work with my colleagues in the Senate to ensure that South Dakotans are protected from what amounts to yet another massive Obama administration overstep.

I have cosponsored the Federal Water Quality Protection Act, a bipartisan bill that would direct the EPA to scrap its current proposal and ensure future proposals do not include ponds, ditches, agriculture water, storm water, and certain other areas not typically regulated under the federal Clean Water Act.

States have an inherent interest to provide for the well-being of its citizens and businesses through ensuring safe and enduring resources. However, the Obama EPA's rules would strain key South Dakota industries, such as agriculture and tourism, with costly compliance costs and bureaucracy. As your U.S. Senator, I will continue to oppose the egregious power grabs of the Obama EPA and support sensible policies to protect our environment and natural resources for generations to come.

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