Republican AGs Urge EPA to Recognize Greater State Control over Waterways

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  • A group of 18 Republican AGs and the Arizona legislature submitted a comment letter in response to the EPA’s request for feedback on the definition of “waters of the United States” (WOTUS), which determines which water bodies are federally protected and regulated.
  • In the letter, the AGs argue that the history of the Clean Water Act and U.S. Supreme Court decisions recognize that regulation of land and water use is an area of traditional state authority, which should be reflected in the adoption of a revised WOTUS definition.
  • Specifically, the AGs recommend that a revised definition should respect the states’ role in managing their territorial waters, establish clear and easily understandable definitions for landowners and farmers, restrict federal control to traditionally navigable waters, and establish a presumption that waters are under state and not federal jurisdiction.
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