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Legislators file brief in WOTUS case

Sen. Shelley Moore Capito, R-W.Va., Rep. Sam Graves, R-Mo., and a coalition of 199 members of the House and Senate have filed an amicus brief with the Supreme Court supporting petitioners who have asked that the Environmental Protection Agency’s authority to define “navigable waters” under the Clean Water Act be restricted.

Specifically, the brief argues that the Supreme Court should adopt a definition of the Waters of the United States (WOTUS) proposed by Justice Antonin Scalia in a 2006 case.

“Like the members of Congress that enacted the CWA, [we] support policies that protect the environment while also ensuring that States retain their traditional role as the primary regulators of land and water resources, and that farmers, manufacturers, small business owners, and property owners like the petitioners in this case can develop and use their land free of over-burdensome, job-killing federal regulations,” the legislators wrote.




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