During a recent government meeting, representatives from various industries expressed significant concerns regarding the Biden administration's interpretation and implementation of the Waters of the United States (WOTUS) rule. The meeting highlighted the frustrations of the Water Advocacy Coalition (WACC) and the National Association of Home Builders (NAHB) over the lack of clarity and guidance from federal agencies, particularly following the Supreme Court's ruling in the Sackett case.
WACC representatives emphasized that the current regulatory framework has created confusion for landowners and businesses, as the agencies have not clearly defined critical terms such as \"relatively permanent\" and \"continuous surface connection.\" This ambiguity has left stakeholders uncertain about federal jurisdiction over water features, risking severe penalties for non-compliance with the Clean Water Act. The coalition criticized the agencies for what they described as a \"flagrant abuse of power\" and a failure to provide transparent guidance, leading to a situation where businesses are left guessing about compliance requirements.
Vince Messerli, president of the Stream and Wetlands Foundation, echoed these sentiments, stating that the revised WOTUS rule has been disappointing for home builders and wetland consultants. He pointed out that the Supreme Court's unanimous decision in Sackett clearly indicated that federal agencies had overstepped their authority, yet the new implementation has not adhered to this ruling. Messerli highlighted the detrimental impact of regulatory uncertainty on housing affordability, noting that rising costs and permitting delays are pricing many households out of the market.
Both WACC and NAHB representatives called for clearer regulations that align with the Supreme Court's decision, arguing that the current approach not only jeopardizes environmental protections but also threatens economic stability and housing availability. The meeting underscored the urgent need for federal agencies to provide definitive guidance to avoid further regulatory confusion and to support the nation's job creators and communities.