THE DAILY SIGNAL: Commentary: Daren Bakst: Congress Should Let Funds Evaporate for ‘Clean Water Rule’

The WOTUS Rule takes this federal overreach to a new level. For example, it would regulate certain man-made ditches and even regulate what most people would consider dry land. Congress should expressly prohibit funding for implementation and enforcement of the WOTUS Rule. While courts are likely to block enforcement of the rule, the 6th Circuit Court of Appeals’ nationwide stay blocking the rule was recently lifted in response to the Supreme Court decision in National Association of Manufacturers v. Department of Defense. To clarify, this Supreme Court decision focused on a technical procedural issue and in no way addressed the substance of the WOTUS Rule. As a result of the stay being lifted, Congress needs to take action to ensure that the rule is never enforced. Congress also needs to expressly require that the EPA and Army Corps of Engineers issue a new rule to define what is meant by “waters of the United States.”

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