[Congressional Record Volume 169, Number 22 (Thursday, February 2, 2023)]
[Senate]
[Pages S215-S216]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    ENVIRONMENTAL PROTECTION AGENCY

  Mr. McCONNELL. Mr. President, now, on an entirely different matter, 
today, Ranking Member Capito of the Environment and Public Works 
Committee will introduce an important resolution on behalf of millions 
of American farmers, ranchers, and builders.
  Two years ago, the Biden administration picked up an Obama-era 
crusade to micromanage the small businesses that help feed, clothe, and 
power America. Literally, on President Biden's first day in office, he 
signed an Executive order that began tearing down the regulatory 
certainty that Republicans had worked hard to restore for American 
workers and entrepreneurs.
  And in December, this crusade yielded a new rule from EPA that 
enacted a dizzying new definition of which temporary, tributary, and 
upland waterways fall under the Federal Government's authority. There 
is a case before the Supreme Court on this very subject right now. The 
Court's ruling in Sackett v. EPA will provide new clarity on just how 
far Federal bureaucrats can stretch their powers to meddle in working 
Americans' business under the Clean Water Act.
  But instead of waiting to see whether a massive expansion of the 
regulatory state would be legal, the Biden EPA went ahead with their 
new rule. Can you imagine why Washington Democrats would be in such a 
rush to get ahead of the law?
  So what does this latest power grab by Washington Democrats mean for 
working people out in our country? Well, for starters, it means that 
cattlemen, contractors, and all sorts of folks have now had to put up 
with three--three--major changes to Federal regulation on the lands 
where they do business in just the past 8 years.
  Democrats' relentless attempts to step on State and local authorities 
in their own backyards has left small business owners across America 
chasing moving goalposts. The Biden administration's latest rule means 
it will be harder for farmers in Kentucky to figure out which ditches 
on their property are subject to the whims of Washington bureaucrats. 
It will create new headaches for builders in West Virginia trying to 
make sure they dot every ``i'' and cross every ``t'' on much needed 
development projects. It will mean ranchers out West may discover that 
every ditch and low-lying puddle they own--even ones that only hold 
water when it rains--is now the business of EPA.
  And as every American who has tried to create jobs or build something 
knows, redtape doesn't just cost valuable time. Legal experts project 
the Biden administration's latest overreach would raise the cost of 
development and infrastructure projects near waterways by--listen to 
this--a million dollars an acre.
  So while President Biden takes a victory lap on infrastructure 
projects made possible by bipartisan work, this latest salvo in 
Washington Democrats' war on working Americans would devastate the sort 
of small businesses that actually build the infrastructure projects.
  But it isn't going unanswered. Twenty-five Governors, representing 
fully half the States in our country, have

[[Page S216]]

condemned the EPA's waters of the United States rule. And here in the 
Senate, West Virginia's own Senator Capito has consistently led our 
efforts to cut the overreaching regulatory state back down to size. She 
sponsored the legislation that would have codified the last 
administration's commonsense fixes. She spearheaded Congress's brief to 
the Supreme Court as it considers this issue.
  And today, she will introduce her Congressional Review Act resolution 
to give every one of our colleagues the opportunity to protect the 
future of transformative infrastructure, energy, and agriculture 
projects in their States.
  West Virginia should be proud that one of their two Senators is 
committed to reforms that get more of Washington's messes out of their 
way. I am proud to support Senator Capito's resolution. I would urge 
each of my colleagues to do the same.

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