Members Urged To Contact Their Senators Regarding WOTUS Rule Now In Effect

March 21, 2023

The U.S. District Court in the Southern District of Texas has denied a nationwide preliminary injunction that would have prevented the Biden administration’s harmful waters of the U.S. rule from taking effect. Instead, the court granted an injunction only for the states of Idaho and Texas, leaving the remaining 48 states unprotected from the burdensome rule. NCBA was part of the coalition that filed the motion for the nationwide injunction and without it the new WOTUS rule went into effect as of yesterday.   

“The court’s decision to keep the Biden administration’s WOTUS rule in place is concerning and irresponsible,” said NCBA Chief Counsel Mary-Thomas Hart. “NCBA will continue efforts to defend our nation’s farmers and ranchers.” 

As part of those efforts, NCBA is urging the U.S. Senate to vote on a resolution to end the rule entirely. Under the Congressional Review Act, Congress can pass a resolution through the House and the Senate that overturns rules from federal agencies, like the Environmental Protection Agency. The U.S. House of Representatives already has passed a resolution to overturn the WOTUS rule.  

Members are encouraged to contact their senators and ask them to pass the resolution. A letter has been drafted by NCBA for members to sign and send to their senators. It can be accessed by clicking here. 

For questions, please call the KLA office.