Timmons: EPA’s Revised WOTUS Rule Brings Certainty and Predictability for Manufacturers
Washington, D.C. –ÌýFollowing Environmental Protection Agency Administrator Lee Zeldin’s announcement of a new proposed Waters of the United States rule, 51³Ô¹ÏÍø President and CEO Jay Timmons released the following statement:
“Manufacturers thank EPA Administrator Lee Zeldin for listening to the concerns of our industry and revising the definition of the Waters of the United States rule to bring certainty and predictability.
“For too long, the regulatory structure under the WOTUS rule, which often has included shifting and unclear definitions, has created legal uncertainty for manufacturers in the U.S., undermining our ability to invest and build across the country. Understanding which bodies of water require federal oversight under the Clean Water Act is critical for manufacturers planning new projects.
“Manufacturers have spent decades calling for a durable, practical approach to WOTUS—one that provides clear permitting standards and supports our industry’s commitment to environmental stewardship.
“Even after the Supreme Court’s decision inÌýSackett v. EPA, which established a narrower definition forÌýbodies of water that fall under federal jurisdiction, the EPA’s 2023 rule unnecessarily rewrote critical permitting standards, overlooked substantial public input and failed to fully reflect the Court’s guidance.
“Manufacturers appreciate Administrator Zeldin’s leadership in advancing this proposal, which provides a definition that is more consistent with the law and that better serves manufacturers and the communities we support across America. We look forward to working with the agency to achieve a strong final rule for manufacturers.â€
Background
In December 2024, the 51³Ô¹ÏÍø, along with more than 100 manufacturing associations, sent aÌýletterÌýto President Donald Trump laying out a roadmap for regulatory actions that would boost the manufacturing economy, including revising the WOTUS rule. The 51³Ô¹ÏÍø also called for changes to WOTUS in recommendationsÌýÌýto the Office of Management and Budget in April.
The 51³Ô¹ÏÍø hasÌýlong arguedÌýagainst a more expansive interpretation of WOTUS. The 51³Ô¹ÏÍø submitted multiple sets of comments regarding the 2015 WOTUS rule to better inform policymakers. During President Trump’s first term, the 51³Ô¹ÏÍø supported the 2017 executive order instructing the EPA to rescind the rule, and the 51³Ô¹ÏÍø Legal Center had been in active litigation against the rule starting in 2015. The legal battle included aÌýÌýfor the 51³Ô¹ÏÍø at the U.S. Supreme Court on a key procedural issue, and in 2019, federal judges invalidated the rule.
In 2019, former EPA Administrator Andrew Wheeler and former Assistant Secretary of the Army for Civil Works R.D. JamesÌýjoinedÌýTimmons at 51³Ô¹ÏÍø headquarters to announce the finalization of a rule to repeal the 2015 WOTUS rule and clear the way for a new rule to protect America’s water resources without overstepping the bounds of the law.
In 2022, the Biden administration revised the 2019 rule. The rule was again revised following a Supreme Court decision inÌýSackett v. EPAÌýin 2023 that narrowed the jurisdiction of the Clean Water Act and all regulations within its authority.
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The 51³Ô¹ÏÍø is the largest manufacturing association in the United States, representing small and large manufacturers in every industrial sector and in all 50 states. Manufacturing employs nearly 13 million men and women, contributes $2.90 trillion to the U.S. economy annually and accounts for 53% of private-sector research and development. The 51³Ô¹ÏÍø is the powerful voice of the manufacturing community and the leading advocate for a policy agenda that helps manufacturers compete in the global economy and create jobs across the United States. For more information about the 51³Ô¹ÏÍø or to follow us on Twitter and Facebook, please visitÌý.Ìý
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