Governor Armstrong voiced strong support for the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers’ proposed revision to the “Waters of the United States” (WOTUS) definition, calling it a common-sense approach that benefits North Dakota farmers, ranchers, energy producers, and businesses.
The proposed rule, which is open for public comment through Jan. 5, was discussed during a listening session hosted by U.S. Senator Kevin Cramer at Bismarck State College. Officials in attendance included EPA Principal Deputy Assistant Administrator Peggy Browne, Senator John Hoeven, and Acting Assistant Secretary of the Army (Civil Works) Lee Forsgren.
“The Biden-era WOTUS rule was an existential crisis for North Dakota. It represented massive federal overreach that would have been catastrophic for our farmers, ranchers, energy producers, and small businesses,” Armstrong said. “The Trump administration’s proposed rule protects our water resources while safeguarding private property rights. Under this new rule, farmers and ranchers won’t have to seek federal permission before planting crops or managing their land. It’s encouraging to know North Dakota voices will actually be heard.”
Members of Armstrong’s Cabinet also spoke favorably on the revised definition, offering minor clarifications. Those commenting included Department of Water Resources Director Reice Haase, Department of Environmental Quality Director Dave Glatt, and Department of Transportation Director Ron Henke. State Agriculture Commissioner Doug Goehring and Attorney General Drew Wrigley, both serving on the state Industrial Commission chaired by Armstrong, also provided input.
The revised WOTUS rule clarifies which waters fall under federal jurisdiction under the Clean Water Act. North Dakota, along with 23 other states, successfully challenged the Biden administration’s 2023 WOTUS rule in court, convincing a federal judge to block its implementation. The U.S. Supreme Court later ruled in Sackett v. EPA that the Biden EPA’s interpretation was inconsistent with the Clean Water Act and encroached on states’ traditional authority.
The EPA and Army Corps stated that the proposed update, first announced on Nov. 17, will support the agency’s Powering the Great American Comeback initiative by protecting water resources, reinforcing cooperative federalism, and promoting American industry, energy production, agriculture, and land development.