Capito Leads All Republican Senators in Formally Challenging Biden WOTUS Rule Through Congressional Review Act

Press Release

U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, today led all 48 of her Senate Republican colleagues in introducing a formal challenge to the Biden administration's Waters of the United States (WOTUS) rule through a Congressional Review Act (CRA) joint resolution of disapproval.

The resolution 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.

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