February 4, 2026
“The proposed rule preserves the CWA’s cornerstone of cooperative federalism by recognizing states’ authority to responsibly regulate non-federal waters within their borders.”
WASHINGTON – Sen. Jon Husted (R-Ohio) joined a letter to Environmental Protection Agency (EPA) Administrator Lee Zeldin and Assistant Secretary of the Army for Civil Works Adam Telle in support of the EPA’s proposed rule to revise the definition of Waters of the United States (WOTUS).
The proposed rule would establish a clearer definition of jurisdictional waters subject to the Clean Water Act (CWA) that complies with the legal boundaries outlined by the Supreme Court, right-size federal and state jurisdiction over waters consistent with the CWA and protect America’s waters.
“Farmers, energy producers, builders, and landowners need clear and predictable rules for when and where they are subject to the requirements of the CWA as well as achievable regulations to comply with those requirements. The Agencies’ proposed WOTUS definition would finally provide those regulated entities with a durable framework that both respects the rights of landowners and safeguards our nation’s waters. Furthermore, the proposed rule preserves the CWA’s cornerstone of cooperative federalism by recognizing states’ authority to responsibly regulate non-federal waters within their borders,” the senators wrote.
“The Agencies’ proposed rule faithfully adheres to the text of the CWA and the Sackett decision, a critical attribute that will ensure that the rule is legally durable,” the senators continued.
“We urge the Agencies to finalize a rule that, like the proposal, provides regulatory certainty, supports cooperative federalism, and follows the statutory text and the Supreme Court’s ruling,” the senators concluded.
This adds to Husted’s ongoing support for Ohio’s water resources. He is the only member of the Environmental and Public Works Committee who represents a Great Lakes state.
The full letter is here.