Capito, who had led amicus curiae brief in support of petitioners, says ruling is a “major win” that sends “a loud and clear warning shot to the Biden administration” about environmental regulations

WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works (EPW) Committee, issued the below statement following the Supreme Court’s ruling in Sackett v. Environmental Protection Agency, which ruled in favor of the petitioners and significantly narrowed the authority the federal government has over states and private citizens to regulate “waters of the United States” (WOTUS) at the expense of states and private citizens under the Clean Water Act (CWA).

“Today, the Supreme Court sent a loud and clear warning shot to the Biden administration about its attempts to overregulate the lives of millions of Americans. By rejecting the ‘significant nexus’ test, the Court protected America’s farmers, ranchers, builders, and landowners from overreach under the Clean Water Act, and ruled President Biden’s recent WOTUS rule goes too far.

“We already knew the EPA’s recent regulatory actions were harmful to American consumers, workers, and employers, but with two straight losses in major environmental cases – WV v. EPA and now Sackett v. EPA – the Court has confirmed the Biden administration’s pattern of environmental overreach is illegal. I was proud to both support the petitioners on this case last year and lead a successful effort this year in Congress to overturn the Biden WOTUS rule, and am thrilled with the Court’s decision today, which is a major win for individual freedom.”


In April 2022, Ranking Member Capito led 45 senators and 154 House members on an amicus curiae brief filed in the U.S. Supreme Court in support of the petitioners in the pending case Sackett v. EPA.

In March 2023, the U.S. Senate passed Ranking Member Capito’s Congressional Review Act (CRA) joint resolution of disapproval that overturns President Biden’s overreaching WOTUS rule by a vote of 53-43.

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