Committee presses nominee on permitting, Sackett decision and cooperative federalism
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Senators asked Lee Zeldin how he would implement Supreme Court guidance on the scope of Clean Water Act jurisdiction, approach Waters‑of‑the‑U.S. (WOTUS) definitions post‑Sackett, and reform permitting processes to reduce delays while maintaining durable, legally defensible actions.
Senators from largely rural and agriculture states pressed Lee Zeldin on how the EPA should implement Supreme Court rulings and coordinate with states.
Senator Kevin Kramer and others asked whether the Sackett decision requires EPA to narrow federal jurisdiction over waters and whether Zeldin would pursue a durable, state‑centric rulemaking that recognizes state primacy. Zeldin said he would follow the law and the Administrative Procedure Act and would not prejudge outcomes of future rulemakings; he pledged to honor Sackett and work with states to provide clarity so landowners can understand jurisdictional boundaries without hiring attorneys.
A broader theme was permitting reform. Senators emphasized delays that affect energy, manufacturing and infrastructure projects and urged EPA to collaborate with other agencies and Congress on modernizing environmental review and timelines. Zeldin said EPA can play a role within its statutory jurisdiction — for example by improving coordination on environmental impact statements — and that cooperation among agencies and with Congress could produce more predictable permitting.
Senators also raised the Corps of Engineers’ role in jurisdictional determinations and suggested EPA should avoid placing an undue burden on landowners by requiring frequent requests for federal determinations in straightforward cases.
Ending: Zeldin pledged to pursue clear, durable guidance consistent with Supreme Court precedent and to work with senators, states and other agencies on permitting and regulatory processes; he declined to promise specific rule outcomes before the formal processes run their course.
