WASHINGTON, D.C. (WVDN) – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, applauded the Environmental Protection Agency’s (EPA) announcement of a proposed rule to modify the definition of waters of the United States (WOTUS) under the Clean Water Act (CWA) to align with the Supreme Court’s 2023 Sackett vs. EPA decision.
“I applaud the Trump EPA’s proposed rule to make the regulatory definition of waters of the United States consistent with the text of the Clean Water Act. This proposal takes an important step toward providing a clear and legally sound framework that aligns with the Supreme Court’s Sackett decision and right-sizes federal jurisdiction. I appreciate the Trump EPA’s effort to take public input in developing this proposal, including by holding a listening session in Charleston to allow West Virginians the opportunity to share their perspectives.
“The proposed rule ensures that only wetlands with a true, continuous connection to jurisdictional waters fall under federal oversight. This action will reduce unnecessary burdens and bring predictability to the landowners, farmers, energy producers, and builders who rely on understandable and workable regulations, while continuing to protect our nation’s water. Today’s announcement is welcomed news, and I look forward to the final WOTUS rule in the coming months,” Chairman Capito said.
HISTORY OF CAPITO’S ACTIONS ON WOTUS:
In March 2025, Senator Capito issued a statement applauding EPA’s work to begin the public comment process on key elements of the agencies’ future rulemaking to the definition of waters of the United States (WOTUS).
In October 2023, Senator Capito participated in an EPW Committee hearing on the aftermath of the Supreme Court striking down President Biden’s overreaching, illegal WOTUS rule.
In August 2023, Senator Capito issued a statement expressing her disappointment that the Biden WOTUS rule was clear regulatory overreach despite the Supreme Court soundly rejecting its ‘waters of the United States’ definition in Sackett v. EPA.
In March 2023, the U.S. Senate passed Senator Capito’s Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden’s overreaching WOTUS rule by a vote of 53-43.
In April 2022, Senator Capito led 45 senators and 154 House members on an amicus curiae brief filed in the U.S. Supreme Court in support of the petitioners in the pending case Sackett v. EPA. In May 2023, the Supreme Court ultimately ruled in favor of the petitioners and significantly narrowed the authority the federal government has over states and private citizens to regulate “waters of the United States” at the expense of states and private citizens under the Clean Water Act (CWA).
In September 2022 and again in May 2023, Senator Capito led her Republican colleagues in introducing comprehensive federal regulatory permitting and project review reform legislation that would have codified the Trump administration’s NWPR definition of “waters of the United States” under the Clean Water Act.
In February 2022, Senator Capito led her Republican colleagues on the EPW committee in a letter to EPA Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor specifically requesting the Biden administration immediately halt plans to finalize a novel definition of WOTUS under the Clean Water Act until after the Supreme Court’s ruling in Sackett v. EPA.
In November 2021, Senator Capito issued a statement expressing her dismay at the announcement of the first step in EPA’s two-step process to replace the Trump administration’s 2020 NWPR and promulgate a new definition of WOTUS.
In August 2021, Senator Capito sent a letter to EPA Administrator Regan and Jaime Pinkham, the Acting Assistant Secretary of the Army for Civil Works, asking for a more complete and comprehensive stakeholder engagement process regarding repealing and replacing NWPR. Specifically, Senator Capito requested an extended public comment period for receiving recommendations.
That letter followed Senator Capito’s previous letter requesting additional clarity on the basis for the decision to repeal and replace NWPR and yet another letter, which she led her Republican colleagues on the committee in sending, requesting increased transparency into the process of repealing NWPR.
In July 2021, Michael Connor, President Biden’s nominee to lead the Corps, admitted he wasn’t aware of any specific environmental degradation under NWPR.
Senator Capito, along with Senators Cramer, Lummis, Inhofe, and Wicker, also introduced legislation in July 2021 that would codify NWPR.In February 2021, the Senate passed an amendment introduced by Senator Capito that upheld the Trump administration’s NWPR.
