Charleston Leader

U.S. Senator Shelley Moore Capito has expressed her approval of the Trump administration's update to the Waters of the United States (WOTUS) definition, following efforts by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE). The agencies aim to align their implementation actions with legal standards nationwide and initiate a public comment process on key elements of future rulemaking.

Senator Capito stated, "I commend EPA and USACE for taking this first step to carefully provide the clarity landowners, farmers, businesses, and local governments have been asking for by refining the scope of WOTUS without excessive overreach." She emphasized that this action ensures only wetlands with a true connection to jurisdictional waters fall under federal oversight, aligning with the Supreme Court’s Sackett decision.

Capito highlighted that delivering a framework that is clear and legally sound is essential. "Refining key definitions and rescinding prior vague and inconsistent guidance brings predictability to those who rely on clear and workable water regulations," she said. She also noted the importance of public input in ensuring a balanced approach moving forward.

The senator's history with WOTUS includes several actions aimed at countering what she views as regulatory overreach by previous administrations. In October 2023, Capito participated in an EPW Committee hearing regarding the Supreme Court striking down President Biden’s WOTUS rule. In August 2023, she criticized Biden's rule as regulatory overreach despite its rejection by the Supreme Court in Sackett v. EPA.

Capito has also led legislative efforts related to WOTUS. In March 2023, her Congressional Review Act joint resolution disapproving Biden’s WOTUS rule passed in the Senate. Earlier actions include leading an amicus curiae brief supporting petitioners in Sackett v. EPA in April 2022, resulting in a favorable ruling for narrowing federal authority over state-regulated waters under the Clean Water Act.

Throughout her tenure, Capito has actively sought more comprehensive stakeholder engagement processes concerning changes to WOTUS definitions and regulatory practices.