Griffith Co-Sponsors Resolution to Reverse Biden WOTUS Rule

Thursday, February 2, 2023 – Today, Congressman Morgan Griffith (R-VA) joined Committee on Transportation and Infrastructure Chairman Sam Graves (R-MO) and Water Resources and Environment Subcommittee Chairman David Rouzer (R-NC) and 151 other members in introducing a joint resolution of disapproval under the Congressional Review Act (CRA) on the Biden Administration’s flawed and burdensome “Waters of the United States” (WOTUS) rule. 

This rule will lead to sweeping changes to the federal government’s authority to regulate what is considered a navigable water, with enormous impacts on small businesses, manufacturers, farmers, home and infrastructure builders, local communities, water districts, and private property owners.

“I am pleased to co-sponsor this resolution to voice disapproval of flawed policy put forth by the Biden Administration’s EPA and Army Corps. Once again, these agencies have placed an undue burden on American families and businesses, who have had to keep up with ever-changing WOTUS rules,” said Griffith. “To make matters worse, this rule comes at a time when the Supreme Court is considering Sackett v. EPA, a case which will have a direct impact on how and if this rule will be implemented. Congress must do what it can to pushback on such an ill-advised action by the Biden Administration.”


On January 18, 2023, the Environmental Protection Administration and U.S. Army Corps of Engineers published the administration’s long-expected WOTUS rule, which:

  • Voids the 2020 Navigable Waters Protection Rule, a rule that had provided much-needed clarity and certainty for the regulated community throughout the Nation;
  • Reverts back to the Obama Administration’s era of greater uncertainty and expansive federal jurisdiction to regulate navigable waters under the Clean Water Act, including wetlands, ephemeral streams, and ditches; 
  • Moves the federal government towards a regulatory regime under which agency bureaucrats decide what is regulated, rather than working with those who will be affected, at a time when the Supreme Court has yet to issue an opinion on a pending WOTUS case (Sackett) that will directly impact the rule.

An identical measure was also introduced in the Senate today by 49 Senators, led by Environment and Public Works Ranking Member Shelley Moore Capito (R-WV).

To read Congressman Griffith’s recent column pushing back on the Biden Administration’s WOTUS rule, click here.  To view the joint resolution, click here.


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