House, Senate Republicans Introduce Bills to Strike Down WOTUS Rule

What happened: House and Senate Republicans Feb. 1 introduced legislation repealing the U.S. Environmental Protection Agency’s (EPA) recent ‘Waters of the U.S.’ (WOTUS) rule.

Why it matters: The latest WOTUS regulation expands federal Clean Water Act (CWA) jurisdiction over roadside ditches, potentially increasing project costs and delays. Republicans want to strike down the rule.

ARTBA’s position is that regulating roadside ditches has no environmental value and will frustrate the goals of the bipartisan IIJA. The association is part of litigation in both the federal district and Supreme Court opposing expansion of CWA jurisdiction.

What’s next: While passage is likely in the Republican-controlled House, it is less certain in the Democrat-led Senate. President Joe Biden would likely veto legislation overturning the WOTUS rule, which takes effect on March 20.