Ernst Makes Permanent Exclusions to Overreaching Obama-Era WOTUS Regulations
WASHINGTON – After recently scoring a major victory in her longstanding fight to overturn the harmful expansion of the “waters of the United States” (WOTUS) rule, U.S. Senator Joni Ernst (R-Iowa) is introducing legislation to prevent future overregulation. Her new bill would make permanent key exclusions clarifying that waste treatment systems, temporary streams from rain, and groundwater are not navigable waterways.
The Clarifying Legal Exclusions Around Regulated (CLEAR) Waters Act excludes covered water features that do not interact with navigable waters from being regulated under WOTUS.
“If you try and navigate a wastewater treatment pool, you will be up a creek without a paddle,” said Ernst. “WOTUS regulatory uncertainty has threatened the livelihoods of hardworking Iowa farmers, small businesses, and landowners for far too long, and I was thrilled to join EPA Administrator Zeldin in announcing that the Trump administration is revising this misguided and harmful regulatory expansion. After leading this fight for a decade, I am making it CLEAR that the federal government has no businesses regulating cooling ponds, municipal treatment plants, groundwater, and streams that only flow after rainfall under WOTUS.”
"Senator Ernst continues to be a champion for Iowa’s farmers and businesses, and her CLEAR Waters Act is another example of her leadership,” said Mike Naig, Iowa Secretary of Agriculture. “This legislation will provide much-needed clarity and consistency when it comes to WOTUS, helping end the constant policy whiplash that changes with each new administration. It’s a commonsense approach that brings certainty to those who are working every day to responsibly manage our land and water."
“The CLEAR Waters Act would provide Iowa farmers regulatory certainty to ensure waste treatment systems are not treated as navigable waters,” said Brent Swart, Iowa Soybean Association President and farmer from Spencer, Iowa. “This commonsense exclusion allows farmers to continue being good stewards of the land without being overregulated.”
"Thank you, Sen. Joni Ernst, for introducing the CLEAR Waters Act and leading on this issue, which is critical to the aggregates industry,” said Michele Stanley, National Stone, Sand & Gravel Association Interim CEO. “The definition of Waters of the United States (WOTUS) is often subject to change under different administrations. The CLEAR Waters Act will provide the clarity and certainty our association members have long sought by excluding waste treatment systems from WOTUS and Clean Water Act permitting programs. This exclusion has historically received bipartisan support from Republican and Democratic administrations. It was maintained under the definitions of WOTUS established by the past four administrations of Presidents Obama, Trump and Biden. Importantly, the bill codifies key parts of the Sackett decision."
Click here to view the bill text.
Background:
After leading the fight against Obama’s WOTUS overreach for years, Ernst and Environmental Protection Agency Administrator Zeldin recently announced a revision that adheres to the law, cuts red tape, and provides certainty for Iowans.
During her first year in the Senate, Senator Ernst led an effort against the harmful WOTUS rule to protect Iowans from burdensome regulations. Her effort was passed by both the Senate and the House, but President Obama vetoed it.
During Trump’s first term, Ernst commended his administration for successfully rolling back the harmful Obama-era WOTUS rule to help spur economic growth and called on Congress to codify a reasonable definition of WOTUS into law.
After Biden doubled down on Obama’s government overreach, Ernst supported a bipartisan effort, worked in 2023 to stop Biden’s out-of-touch WOTUS rule that aimed to repeal the Trump administration’s Navigable Waters Protection Rule (NWPR), and applauded the Supreme Court’s ruling in Sackett v. EPA.
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