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Representative Mann Praises Supreme Court's Unanimous Decision to Restrict EPA's WOTUS Overreach

Tracey Mann
Tracey Mann

US Representative Tracey Mann of Kansas released the following statement May 25 in response to the US Supreme Court's decision in the case Sackett v. EPA, which ruled in favor of the Sacketts.

"Today's US Supreme Court decision is a big win for farmers, ranchers and producers," said Representative Mann. "This unanimous ruling will protect landowners' rights and limit government overreach under President Biden's Waters of the US rule. President Biden vetoed the WOTUS legislation sent to him by Congress last month. Now that both the legislative and judicial branches have spoken clearly on the EPA's overreaching use of the Clean Water Act, it's up to the Biden administration to reverse course on their unconstitutional and misguided rule. Today was a good day for Americans – government shrunk and freedom expanded."

In 2007, Michael and Chantell Sackett received an administrative compliance order from the US Environmental Protection Agency to halt construction on their new home as the property contained wetlands that EPA considered navigable waters. In 2008, the Sacketts sued the EPA under the Administrative Procedure Act. The lower courts held EPA compliance orders were not subject to the APA, but the Supreme Court ruled otherwise.

In 2012, the Sacketts challenged the EPA's definitions of waters of the US, asking the courts to reconsider whether water is under Congress' commerce clause authority.

Since 2012, presidential administrations have sought to define waters of the US and farmers, ranchers and producers have operated under at least five definitions of water in the last 10 years. In January 2023, the Biden administration published its final WOTUS rule.

Representative Mann has been fighting against President Biden's overreaching WOTUS rule since the beginning.

Click here to see Representative Mann's January 2023 letter to the US Environmental Protection Agency regarding the new WOTUS rule.

On March 9, 2023, the US House of Representatives passed H.J. Res. 27 by a vote of 227-198. Click here to view Representative Mann's remarks on the House Floor in support of the WOTUS Congressional Review Act.

On March 29, 2023, the US Senate passed H.J. Res. 27 by a vote of 53-43.

On April 6, President Biden vetoed H.J. Res. 27.

Click here to view Representative Mann's remarks on the House Floor on April 18, 2023 during the congressional override of President Biden's veto of the WOTUS legislation.

And on May 25, the Supreme Court ruled in favor of the Sacketts, sending a clear message to President Biden to withdraw his administration's WOTUS rule.

(Information courtesy Representative Mann's Office.)