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Rep. Duarte Responds to President Biden’s Veto of Bipartisan WOTUS Repeal

Washington, April 6, 2023 | David Frulla ((202) 657-2954)

WASHINGTON – Congressman John Duarte (CA-13) released the following statement responding to President Biden’s veto of H.J. Res. 27, a bipartisan resolution to overturn the Administration’s overreaching, misguided “waters of the United States” (WOTUS) rule.  

“President Biden’s recent veto of H.J. Res. 27, a bipartisan and bicameral resolution to overturn his misguided WOTUS rule, hurts farmers, threatens our food security, and makes it more expensive to put food on your kitchen table. His veto ignores the will of a duly elected, bipartisan majority in Congress and leaves our farmers and small businesses out to dry.  

Time and time again, the Administration has sided with radical environmentalists rather than American farmers. More red tape and more regulatory confusion endangers the livelihoods of American small businesses and farmers,” said Rep. Duarte.  

Key Background: 

  • WOTUS is authorized under the Clean Water Act, under the jurisdiction of the EPA, which gives definition to what waters and types of waters fall under federal jurisdiction. 

  • The recently redefined WOTUS term brings back the “Significant Nexus” approach that was done away with under the previous Administration’s “Naviagable Waters Protection Rule”. This approach deems any water, at the discretion of the Army Corps of Engineers, that has a significant nexus to a navigable waterway, falls under the jurisdiction and protections of the Clean Water Act.