ABC: Biden Administration’s Revised WOTUS Rule Creates Uncertainty for Contractors, Disregards SCOTUS

Washington, Aug. 29—Associated Builders and Contractors issued a statement from Vice President of Regulatory, Labor and State Affairs Ben Brubeck on the U.S. Environmental Protection Agency and U.S. Army Corps of Engineers’ Aug. 29 final rule further revising the definition of “waters of the United States.”

“Unfortunately, these revisions fail to fully implement the U.S. Supreme Court’s ruling in Sackett v. Environmental Protection Agency, which placed clear boundaries on the scope of the federal government’s authority while maintaining reasonable environmental protections for America’s waterways.

“Instead, this rule, issued without meaningful opportunities for input from the construction industry and other stakeholders, will contribute to continued regulatory uncertainty and unnecessary delays for critical infrastructure projects across the nation. ABC urges the Biden administration to issue broader revisions to WOTUS in full compliance with the Supreme Court’s decision.”

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Associated Builders and Contractors is a national construction industry trade association established in 1950 that represents more than 22,000 members. Founded on the merit shop philosophy, ABC and its 68 chapters help members develop people, win work and deliver that work safely, ethically and profitably for the betterment of the communities in which ABC and its members work. Visit us at