Sen. Capito: “I fear this is setting us up for a repeat of WOTUS whiplash”

Today marks the 51st anniversary of the Clean Water Act, so it seems quite fitting Congress is meeting today to hear from experts on the implications of this year’s Sackett vs EPA decision.

Senator Shelley Capito shared her perspective during opening statements.

“I fear this is setting us up for a repeat of WOTUS whiplash. To understand why, let’s just go back a few months. The Supreme Court ruling Sackett vs EPA handed down in May of this year represented a crucial victory for the cause of federalism enshrined in the Clean Water Act. The court correctly limited the scope of federal authority over wetlands consistent with the text of the Clean Water Act. Thus, reestablishing the delicate equilibrium between federal and state governments that Congress intended when it comes to safeguarding our precious water resources. Supporters of expansion federal regulation of WOTUS argue the court’s decision leaves waters unprotected, and the chairman spoke to this— that is misleading! That is not only misleading but does a disservice to state and local governments who know their own local water issues best and have the most at stake in protecting them.”

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