Category: US Senate

Source: United States Senator Josh Hawley (R-Mo)

The Supreme Court on Thursday issued a ruling narrowing the federal government’s authority regulating bodies of water and effectively upending a Biden administration policy that recently went into effect.

The high court’s decision, which was delivered by Justice Samuel Alito, rejected the Environmental Protection Agency’s (EPA) broad definition of Waters of the United States (WOTUS). The case centered on Michael and Chantell Sackett, two Idaho residents whom the EPA prohibited from building a home near a wetland years ago, citing the Clean Water Act (CWA) of 1972.

“The EPA ordered the Sacketts to restore the site, threatening penalties of over $40,000 per day,” Alito’s majority opinion stated. “The EPA classified the wetlands on the Sacketts’ lot as ‘waters of the United States’ because they were near a ditch that fed into a creek, which fed into Priest Lake, a navigable, intrastate lake. The Sacketts sued, alleging that their property was not ‘waters of the United States.'”

The ruling ultimately held that the federal government’s WOTUS definition must be restricted to a water source with a “continuous surface connection” to major bodies of water. 

While the decision was unanimous on the merits, the court split 5-4 on determining how the federal government should go about defining water sources.

FARMERS SLAM BIDEN OVER LATEST ECO REGULATION TARGETING BUSINESSES: ‘FEDERAL OVERREACH’

“Understanding the CWA to apply to wetlands that are distinguishable from otherwise covered ‘waters of the United States’ would substantially broaden [existing statute] to define ‘navigable waters’ as ‘waters of the United States and adjacent wetlands,'” Alito wrote.

The ruling, which was cheered by Republican lawmakers and groups representing landowners, comes months after the EPA finalized and implemented a new WOTUS regulation. 

NEARLY 200 GOP LAWMAKERS BLAST BIDEN’S EPA FOR TARGETING FARMERS, RANCHERS: ‘EGREGIOUS FEDERAL OVERREACH’

On Dec. 30, the final working day of 2022, the EPA and the U.S. Army Corps of Engineers quietly announced that they had approved the WOTUS regulation and that it would be implemented in March. After announcing it, EPA Administrator Michael Regan said the rule “safeguards our nation’s waters.”

The rule opened the door for the federal government to regulate wetlands, lakes, ponds, streams and “relatively permanent” waterways, largely mimicking a pre-2015 environmental rule set during the Obama administration which implemented the changes in an effort to curb water pollution. The regulation was the broadest interpretation to date of which water sources require protection under the CWA.

Industry groups, Republican lawmakers in Congress and multiple states blasted the regulation as an example of federal overreach and demanded that it be rescinded. In April, a federal judge granted a request from 24 states and several trade groups to pause implementation of the regulation. The House and Senate both approved a regulation rejecting the regulation.

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“Today, the Supreme Court sent a loud and clear warning shot to the Biden administration about its attempts to overregulate the lives of millions of Americans,” said Sen. Shelley Moore Capito, R-W.Va., the ranking Member of the Senate Environment and Public Works Committee. 

“By rejecting the ‘significant nexus’ test, the Court protected America’s farmers, ranchers, builders, and landowners from overreach under the Clean Water Act, and ruled President Biden’s recent WOTUS rule goes too far,” Capito added. “I was proud to both support the petitioners on this case last year and lead a successful effort this year in Congress to overturn the Biden WOTUS rule, and am thrilled with the Court’s decision today, which is a major win for individual freedom.”

Congressional Western Caucus Chairman Dan Newhouse, R-Wash., said the court ruled in favor of “the Constitution, the American people, and our freedoms” and called on the EPA to officially rescind its WOTUS regulation.

The Waters Advocacy Coalition, a group representing farmers, applauded the Supreme Court for preserving water protections while delivering clarity for farmers and landowners.

“The Court’s opinion also upends the Biden Administration’s overreaching WOTUS rule,” the group said. “After decades of attempts to expand the federal government’s power over private land, America’s job creators and farmers can proceed with more certainty in delivering critical services our economy depends on, from growing healthy foods to building affordable homes and producing domestic energy.”

Source: United States Senator Josh Hawley (R-Mo)

Today U.S. Senator Josh Hawley (R-Mo.) released the following statement on the Supreme Court’s unanimous 9-0 decision in the case of Sackett v. EPA, which effectively struck down President Biden’s illegal Waters of the United States (WOTUS) Rule.

Major victory for Missouri farmers today as Supreme Court effectively strikes down Biden’s illegal WOTUS rule https://t.co/o1WdjcmzPe

— Josh Hawley (@HawleyMO) May 25, 2023

Background

In January, Senator Hawley led the Missouri Republican delegation in sending a letter to Environmental Protection Agency (EPA) Administrator Michael Regan and Assistant Secretary of the Army for Civil Works Michael Connor, calling on the administration to immediately rescind its controversial WOTUS Rule.

In April 2022, Senator Hawley signed the amicus brief supporting the petitioner Michael Sackett in his case, Sackett v. EPA, against the EPA.

In February 2022, Senator Hawley introduced the American Energy Independence Act of 2022, which would have codified the Trump Administration’s interpretation of WOTUS and nullified President Biden’s proposed replacement rule.

In February 2022, Senator Hawley signed a letter requesting that the EPA and the U.S. Army Corps of Engineers suspend the rule-making to redefine the scope of waters protected under the Clean Water Act, specifically WOTUS, until the U.S. Supreme Court completed its consideration of Sackett v. EPA.

In September 2019, Senator Hawley supported the EPA’s decision to repeal the overreaching, Obama-era WOTUS rule.

Source: United States Senator Josh Hawley (R-Mo)

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Source: United States Senator Kevin Cramer (R-ND)

Source: United States Senator for New Jersey Bob Menendez

WASHINGTON – U.S. Senator Bob Menendez (D-N.J.), Chairman of the Senate Foreign Relations Committee, released the following statement in response to the Republican’s reckless default plan and how it only serves to embolden China:

“The Republican plan to default on the United States debt would be the single greatest strategic gift we could give to the Chinese Communist Party, which is eager to portray itself as a stable and dependable alternative to the U.S.

“Make no mistake, the Republicans’ default will push the United States and global markets off an economic cliff. Republican recklessness will threaten U.S. financial leadership in the world and severely undermine the primacy of the dollar. Our competitors and adversaries stand ready to take advantage of the chaos and financial hardship that Republicans are dangerously close to inflicting on hard-working families in New Jersey and all across the nation.”

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Source: United States Senator for Oklahoma James Lankford

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Source: United States Senator for Nebraska Deb Fischer

WASHINGTON, D.C. – U.S. Senator Deb Fischer (R-Neb.), a member of the Senate Agriculture Committee, issued the following statement after the U.S. Supreme Court released its ruling in Sackett v. Environmental Protection Agency, which significantly narrowed the authority the federal government has over states and private citizens to regulate “waters of the United States” (WOTUS) under the Clean Water Act:

“Today, the Supreme Court took much-needed action to roll back the scope on what the federal government can regulate as Waters of the United States.

“Since my first term in the Senate, I have fought against overreaching and disastrous rules that represent the federal government at its worst.

“It’s clear that this administration needs to finally listen to the bipartisan majority in Congress and the Supreme Court, and rescind its overreaching WOTUS rule that harms families, communities, and businesses.”

Background:

In March, the U.S. Senate passed a Fischer-backed Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden’s overreaching WOTUS rule by a vote of 53-43, following its passage in the House of Representatives. President Biden vetoed that CRA on April 6, 2023. In a speech on the Senate floor, Senator Fischer slammed the WOTUS rule, calling it a “needless power grab” and an expansion of federal power over a state resource.

In April 2022, Senator Fischer joined 45 Senators and 154 House members on an amicus curiae brief filed with the U.S. Supreme Court in support of the petitioners in Sackett v. EPA.

Source: United States Senator for Kansas – Jerry Moran

WASHINGTON – U.S. Senator Jerry Moran (R-Kan.) – ranking member of the Senate Committee on Veterans’ Affairs – introduced a bipartisan, bicameral resolution to honor the extraordinary sacrifice and service of the approximately 766 members of the Armed Forces held captive during the Vietnam War. In 1973, 591 of those prisoners were released by the North Vietnamese. On May 24, 1973, President and Mrs. Nixon hosted the largest dinner in White House history – then and now – in honor of the released Vietnam POWs. On May 24, 2023, exactly 50 years later, nearly 200 of those POWs dined in the Nixon Library’s White House East Room replica and recreated that dinner, down to the menu items and centerpieces.

Specifically, the resolution recognizes the 50th anniversary of the homecoming of United States prisoners of war (POWs) from Vietnam and commemorates the 50th anniversary celebrations to be held by the Richard Nixon Presidential Library on May 23-25, 2023.

“Our veterans deserve our gratitude and respect when they return home,” said Sen. Moran. “As a teenager, I watched how Vietnam veterans were treated, and I committed to do everything I could to make certain our Vietnam Veterans were given the honor they are due. This resolution commemorating the homecoming of American prisoners of war represents our nation’s commitment to honor those who served in Vietnam and to say we are grateful for your service; we love you; and welcome home.”

Companion legislation in the House of Representatives is led by Representatives Joe Wilson (SC-02), Jason Crow (CO-06), Young Kim (CA-40) and Mikie Sherrill (NJ-11).

Full text of the resolution can be found HERE.

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Source: United States Senator for Illinois Tammy Duckworth

May 25, 2023

[WASHINGTON, D.C.] – Today, U.S. Senators Tammy Duckworth (D-IL) and Steve Daines (R-MT) are calling on the U.S. Department of Agriculture (USDA) to build on efforts to promote breastfeeding through the Special Supplemental Nutrition for Women, Infants and Children (WIC) program and further evaluate how the program can be strengthened to expand access and help ensure breastfeeding support services can better reach low-income participants who wish to breastfeed their infants.

In the bipartisan letter, the lawmakers underscore why this new USDA analysis of WIC is needed: “This USDA analysis would inform and potentially enhance Congressional efforts to further strengthen the availability of, and access to, quality breastfeeding services and supplies in the WIC program to participants that choose to breastfeed infants, whether exclusively or in tandem with additional nutritional supplementation.”

“WIC is well-positioned to bolster ongoing efforts to promote breastfeeding among all families, not solely well-resourced households that have the means and time to purchase necessary equipment, afford lactation consultants and find the critical time during work hours to pump,” the lawmakers continued.

A copy of the letter can be found here and below:

Dear Secretary Vilsack:

Thank you for your continued efforts to promote breastfeeding in the Special Supplemental Nutrition for Women, Infants and Children (WIC) program. With the recent passage of the Providing Urgent Maternal Protections (PUMP) for Nursing Mothers Act, now is an optimal time for the U.S. Department of Agriculture (USDA) to review breastfeeding support services and equipment available through the WIC program. That is why we are calling on USDA to further evaluate how WIC can best support the needs of low-income participants that wish to initiate and sustain breastfeeding for infants in a wide variety of forms.

This USDA analysis would inform and potentially enhance Congressional efforts to further strengthen the availability of, and access to, quality breastfeeding services and supplies in the WIC program to participants that choose to breastfeed infants, whether exclusively or in tandem with additional nutritional supplementation. WIC is well-positioned to bolster ongoing efforts to promote breastfeeding among all families, not solely well-resourced households that have the means and time to purchase necessary equipment, afford lactation consultants and find the critical time during work hours to pump.

The American Academy of Pediatrics recommends infants be exclusively breastfed for the first six months of life and continue breastfeeding, as part of a comprehensive diet with solid foods, for up to two years. This position was affirmed in the U.S. Food and Drug Administration’s Dietary Guidelines for Americans, 2020-2025, which included its first-ever recommendations based on life-stage, including pregnancy, lactation and early childhood. Sustained breastfeeding ensures that infants receive the nutrients, bioactive substances and immunologic protections human milk offers, which support infant health, growth and development. Studies show that infants who breastfeed are at a reduced risk for asthma, obesity, type 1 diabetes, severe lower respiratory disease, ear infections, sudden infant death syndrome (SIDS) and gastrointestinal infections. Equally important to note are the long-term health benefits for women who breastfeed, including lower risk of breast cancer, ovarian cancer, type 2 diabetes and high blood pressure. Thus, the Federal Government should continue to work to support our Nation’s breastfeeding mothers and families by increasing access to breastfeeding support services and protections.

The 2022 infant formula shortage, which led to unprecedented challenges for families and especially for families dependent on the WIC program, also underscored the potential pitfalls of only providing infant formula to WIC participants. WIC participants and low-income families have also historically breastfed at lower rates than the broader population, in part due to a broad array of structural factors that play a considerable role in ensuring the continuation of breastfeeding. A lack of WIC program guidance and benefits should not be another barrier families must face.  

Decisions on how to feed an infant should not be restricted by structural barriers, such as outdated WIC program guidance and benefits. That is why we also urge USDA to work with States to identify and remove barriers in State WIC policies and provide families with the opportunity to breastfeed, should they wish to do so. USDA’s proposed updates to allow breast pumps to be classified as a program benefit is a strong start to this important goal. This change will allow greater access to breastfeeding supplies and services for mothers and families seeking to utilize these resources and ensure their child receives the best nutrition possible. To complement these changes, we also urge USDA to disseminate information to State WIC agencies who do not have any published, or easily accessible information regarding the availability of breastfeeding supplies and services. We also request that USDA engage with States whose policies contain requirements that contradict the basic science behind breastfeeding, such as requiring Participants to be fully breastfed for four weeks, in order to qualify for a breast pump, and update these archaic restrictions.

The Consolidated Appropriations Act of 2023 directed the Food and Nutrition Service (FNS) to collect information from all WIC agencies and provide a report, within 180 days, detailing conditions State WIC agencies may consider, or requirements they impose, when determining whether a WIC participant may access breastfeeding supplies and services through the WIC program. To support the development of the requested report, we request that FNS consult experts, including physicians serving on the American Academy of Pediatrics Section on Breastfeeding and WIC State Breastfeeding Coordinators, on best practices that State WIC agencies may incorporate into their respective programs. FNS should also employ actuarial analysis to examine the true cost-benefit impact of increasing access to breastfeeding supplies and services—including lactation specialists and equipment that enable the expression of milk and safe storage of expressed milk—which often represent negligible near-term costs for insurance carriers and providers but deliver long lasting benefits through population-level health outcome improvements.  

As FNS develops its report to Congress examining State WIC program requirements for accessing breastfeeding supplies and services, we ask that the Department concurrently work to encourage every State WIC agency provide accurate information regarding the availability of breastfeeding supplies and services to participants. Most importantly, USDA should work with States to expeditiously eliminate outdated breastfeeding supplies and services requirements that are inconsistent with current medical guidance. We appreciate your attention to this matter and look forward to working with you on this important topic.

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Source: United States Senator for West Virginia Joe Manchin

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