Noem Joins Congressional Colleagues
to File Amicus Brief in WOTUS Case
Washington, D.C. – Rep. Kristi Noem joined an effort of more than 80 Members of Congress, including Senators Rounds and Thune, in filing an amicus brief with the Sixth Circuit U.S. Court of Appeals regarding the controversial Waters of the U.S. (WOTUS) rule. The Appellate Court is currently adjudicating the rule’s constitutionality and has put a temporary suspension on the rule until further determinations can be made.
In the brief, the congressional members argue that the EPA’s rule expands federal jurisdiction over land and water beyond the restraints set by the Supreme Court in SWANCC v U.S. Army Corps, that Congress has the sole right to make law, and that the agencies involved have failed in their responsibility to “faithfully” execute the laws set by Congress. To view a copy of the brief, click here.
“The WOTUS rule could become one of the largest federal land grabs in U.S. history,” said Noem. “We are actively working on the legislative front to strike down WOTUS, pushing forward in the face of vetoes and continued opposition from President Obama. Still, we are exploring all options and with this brief, we make our views very clear to the Courts: This rule goes too far and by no means follows congressional intent. The WOTUS rule must be withdrawn.”
This is not the first time Noem has weighed into the WOTUS debate. In January 2016, Rep. Noem joined the House in passing legislation to block the WOTUS rule. The legislation was also passed by the Senate, but vetoed by the President.
Additionally, in May 2014, Rep. Noem joined 231 Members of Congress from both sides of the aisle on a letter urging the EPA and the Secretary of the Army to withdraw the proposed rule.
###
Another reason to be hopeful about a Trump presidency: the reining in of the out-of-control agencies and departments.