GOP Governors Fight Overregulation – Push Back on Biden Waters Rule

United States House of Representatives - Office of Ruben Gallego, Public domain, via Wikimedia Commons
American Liberty News
- June 4, 2026
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Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons
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Washington, D.C. – You can’t say that Joe Biden never met a man he didn’t like, but he sure is a big fan of government regulation. Under his administration, the federal code gets longer and longer as he and his appointees propose one rule after another, adding to the federal code.

We haven’t quite reached the stage where we’re all playing “Mother, May I?” with the feds, but we’re uncomfortably close. The regs related to “The Waters of the United States” have long been on the eco-radical wish list, and Biden seems intent on giving them what they want.

Fortunately, 25 of the nation’s governors have decided to take the president to task. These state chief executives, led by Idaho GOP Gov. Brad Little, have written to Biden asking him to at least hold up the implementation of the regs until the United States Supreme Court hands down a decision in a case on point, Sackett v. EPA.

In that case, the court is being asked to alter the regulatory authority of the United States Environmental Protection Agency in ways that would also keep the EPA and other federal agencies from using the WOTUS rule to regulate private ponds and ditches and other places where free-standing water exists even temporarily.

The governors argue in a letter written to the president that going ahead with the WOTUS rules now would lead to a significant waste of state and federal resources that could better be used for other things while creating significant tension between farmers, other landowners and rural communities and the government.

“The rule is problematic in and of itself, but its timing is particularly troubling given record inflation and gas prices that threaten the livelihoods of so many communities,” the letter says. “Those who rely on farming and small business as a backbone of their local economies are particularly vulnerable. Another burdensome and overbroad regulation from the federal government could not come at a worse time for America.”

This is not the first time the issue has arisen. The Obama/Biden administration also pushed hard to establish rules that critics of the proposal said would compromise the property rights of farmers, ranchers and other rural landowners and adversely affect their ability to do business while producing little to no environmental benefit.

The seesawing impact of such proposals, the governors said, has been an attack on the regulatory clarity vital to business operations and economic growth.

“The substance of the rule hinders state governments as we seek to give clarity and consistency to businesses, farms, and individuals regarding the regulatory framework for water,” the governors wrote. “The broad definitions used in the 514-page document only add to the confusing and complicated history of WOTUS. In fact, it appears that the EPA is seeking to regulate private ponds, ditches, and other small water features.”

The letter was signed by Governors Brad Little (ID), Kay Ivey (AL), Mike Dunleavy (AK), Sarah Sanders (AR), Ron DeSantis (FL), Brian Kemp (GA), Eric Holcomb (IN), Kim Reynolds (IA), Tate Reeves (MS), Mike Parson (MO), Greg Gianforte (MT), Jim Pillen (NE), Joe Lombardo (NV), Chris Sununu (NH), Doug Burgum (ND), Mike DeWine (OH), Kevin Stitt (OK), Henry McMaster (SC), Kristi Noem (SD), Bill Lee (TN), Greg Abbott (TX), Spencer Cox (UT), Glenn Youngkin (VA), Jim Justice (WV) and Mark Gordon (WY). The United States Supreme Court has not indicated when it would issue its decision in Sackett v. EPA.

The opinions expressed in this article are those of the author and do not necessarily reflect the positions of American Liberty News.

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Peter Roff

Peter Roff is a longtime political columnist currently affiliated with several Washington, D.C.-based public policy organizations.

You can reach him by email at [email protected]. Follow him on Twitter @TheRoffDraft.

3 Comments
    Oren

    Just another damned federal regulation trying to govern my life. As with anything else the government dreams up, I’ll ignore this one also. Plus, I will refuse access to my property by government parasites to inspect any of the streams on the property.

    Alice

    Republicans need to stop funding the Obama puppet, fraud joe, and his Soros nonsense.

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