Senator Scott Challenges Biden Administration on WOTUS Rule

WASHINGTON – Today, U.S. Senator Tim Scott (R-S.C.) challenged the Biden Administration’s Waters of the United States (WOTUS) rule by voting in favor of a Congressional Review Act (CRA) joint resolution of disapproval.

“The Biden administration’s WOTUS rule takes power from the hardworking people who live on and work the land and puts it in the hands of out-of-touch DC bureaucrats,” said Senator Scott. “With more wetlands than the majority of states, South Carolina stands to be disproportionately harmed by this regulatory overreach. Today, I’m proud to take a stand for hardworking farmers and landowners in South Carolina and across the country.”


The Biden administration announced this new WOTUS rule on December 30, 2022.

The U.S. House of Representatives voted to overturn the WOTUS rule by a margin of 227-198 on March 9, 2023.

The WOTUS rule represents a significant increase in the scope of federal authority, enabling government agencies to exert control over practically all bodies of water including wetlands and streams.

Under the Biden WOTUS rule, individuals may be required to demonstrate that water on their property does not fall within the purview of the federal government. This reverses the previous standard in which the government was responsible for providing such evidence.

Senator Scott has consistently opposed increasing the EPA’s jurisdiction over private waters through the WOTUS rule:

  • In 2015, Sen. Scott opposed the then-proposed WOTUS rule increasing federal overreach. He also joined his Senate colleagues to protect Americans from the expanded WOTUS rule.
  • In 2022, Sen. Scott and his Senate Republican colleagues raised concerns to the EPA and U.S. Army Corps of Engineers (USACE) on their pending rule change.
  • Sen. Scott also joined as an original cosponsor on S.J. Res 7, Senator Shelley Moore Capito’s (R-W.Va.) resolution of disapproval upon Senate introduction.