House Committee Approves WOTUS Measure; Wildfire Risk Reduction Bill Introduced in the Senate
March 2, 2023
Following the President’s Day recess, both chambers of Congress returned to the nation’s capital. It was a short week in the House, however, as Democrats departed Wednesday for their annual legislative retreat. House Republicans are slated to hold their retreat later this month. Prior to their departure, lawmakers approved legislation (H.R. 347) that would require the White House Office of Management and Budget (OMB) and the Council of Economic Advisers to prepare a report that includes the inflationary effects for any executive-level action with an estimated impact of at least $1 billion. It should be noted that the requirement does not apply to executive orders that provide for emergency assistance or orders that are necessary for national security.
In other developments, the House Transportation and Infrastructure Committee on February 28 voted along party lines to advance a resolution (H.J. Res. 27) that would overturn the Biden administration’s “Waters of the United States” (WOTUS) rule. The GOP-sponsored resolution is in response to the Environmental Protection Agency’s (EPA) December 2022 proposal, which would repeal the Trump administration’s Navigable Waters Protection Rule (NWPR). According to congressional Republicans, the Biden administration’s rule, if finalized, will lead to sweeping changes to the federal government’s authority to regulate navigable waters and will result in significant impacts to small businesses, manufacturers, farmers, home and infrastructure builders, local communities, water districts, and private property owners.
For its part, EPA has indicated that the December rule – which is slated to take effect on March 20, 2023 – will establish a durable definition of WOTUS and will reduce regulatory uncertainty while protecting public health and supporting economic opportunity. The agency’s final rule essentially restores many of the water protections that were in place prior to 2015. Since that time, the scope of which waterways qualify for protection under the federal Clean Water Act has been the subject of various lawsuits and dueling regulatory interpretations by the Obama, Trump, and Biden administrations.
On a closely related matter, the U.S. Supreme Court is expected to issue a decision in the near future in the case of Sackett v. EPA. The outcome of the case, which involves a 14-year legal dispute over whether certain wetlands should be federally regulated, could require EPA to make modifications.
Colorado Senator Introduces Legislation to Reduce Wildfire Risk
On February 28, Senator Michael Bennet (D-CO) – the chairman of the Agriculture Committee’s Subcommittee on Conservation, Climate, Forestry, and Natural Resources – introduced legislation (S. 540) that seeks to reduce the wildfire risk in the West. Among other things, S. 540 would establish an Outdoor Restoration & Watershed Fund to increase support for local efforts to restore forests and watersheds, clean up public lands, enhance wildlife habitat, remove invasive species, and expand outdoor access. The legislation also would establish an advisory council to determine funding priorities, coordinate with existing regional efforts, and provide oversight.
In addition, S. 540 would authorize $20 billion for a new grant program that would assist state and local governments in their efforts to support restoration, drought resilience, and fire mitigation projects. It also would invest $40 billion to address the backlog of restoration, fire mitigation, and resilience projects across public, private, and Tribal lands.
This measure adds to the growing list of wildfire bills that have been introduced this Congress. Earlier this year, Senators Dianne Feinstein (D-CA) and Alex Padilla (D-CA) reintroduced legislation – the Wildfire Emergency Act of 2023 (S. 188) – that proposes a multi-pronged approach to tackle the increasing wildfire threat, namely large-scale forest restoration projects, hardening of critical infrastructure, and increased training of key fire response personnel. A separate measure (S. 199) sponsored by Senator Feinstein would provide the U.S. Forest Service and the Bureau of Land Management with a new tool to improve the pace and scale of hazardous fuels reduction projects.