Palmer Praises EPA's Move to Curb Federal Overreach

U.S. Rep. Gary Palmer (R-Hoover) is giving props to the Environmental Protection Agency (EPA) for its proposed new rule aimed at reining in what he sees as federal overreach during the Biden administration.

Palmer attended an EPA Headquarters event where the EPA and the Department of the Army unveiled a proposed rule clarifying the definition of "waters of the United States" (WOTUS) under the Clean Water Act.

"Common Sense is Back!"

"This proposed rule is long overdue and a win for the American people," Palmer declared. He added that the previous administration’s EPA had overstepped its bounds with a broad definition of WOTUS, seemingly ignoring the Supreme Court’s guidance from 2023. "Thankfully, common sense is back at the EPA," he said.

Backed by the Supreme Court

This proposed rule follows the U.S. Supreme Court’s Sackett v. EPA decision in 2023, and aims to cut regulatory red tape and bring clarity to farmers, ranchers, energy producers, business owners, and landowners.

Prioritizing Clean Water and Industry

"I am confident that the rule will prioritize clean water and empower American industry simultaneously," Palmer stated, expressing gratitude for Administrator Zeldin's leadership in bringing "common sense solutions" back to the EPA.

Key Revisions

The EPA outlined several key proposed revisions:

• Defining terms like “relatively permanent” and “tributary” to better align with the Clean Water Act and Supreme Court rulings.
• Establishing that jurisdictional tributaries must have a predictable flow to navigable waters.
• Reaffirming that wetlands must be "indistinguishable" from jurisdictional waters via a continuous surface connection, meaning they must touch and hold surface water consistently.
• Strengthening state and tribal authority with clearer guidelines while acknowledging their local expertise.
• Preserving exclusions for ditches, prior converted cropland, and waste treatment systems, and adding a new exclusion for groundwater.
• Incorporating local terminology, like "wet season," to help determine if a water body qualifies as WOTUS.

Clarity for Wetlands

Furthermore, the limitations on wetlands with surface water during the wet season adjacent to a jurisdictional water will further define what is considered a "continuous surface connection." These proposed changes are designed to bring more clarity and consistency to the definition.