West Virginia Attorney General J.B. McCuskey
CHARLESTON — West Virginia Attorney General J.B. McCuskey led a 20-state coalition of attorneys general sending a formal comment letter regarding the updated definition of Waters of the United States.
The AGs say states should control their own waters, such as rivers, streams, lakes and wetlands. The AGs say the Clean Water Act was supposed to respect this, but they say federal agencies have overreached in past administrations by expanding the definition of WOTUS and therefore expanding federal control of waters.
The letter, dated January 5, was sent to U.S. Environmental Protection Agency Administrator Lee Zeldin and U.S. Army Corps of Engineers Lt. General William H. “Butch” Graham Jr.
Morrisey
The Trump administration has proposed to rein in bureaucratic overreach and restore state authority. In November, McCuskey joined Zeldin to announce a proposed rule that would reshape the definition of WOTUS. McCuskey’s letter supports that action and asks the agencies to go even further to restore constitutional order.
“For too long, federal agencies have overstepped their bounds, regulating everything from puddles in parking lots to seasonal ponds hundreds of miles from navigable waters,” McCuskey said. “This overreach has stripped states of their constitutional authority and cost farmers and businesses millions of dollars.
“We commend the Trump administration for taking bold action to correct this overregulation and we stand ready to help ensure the Clean Water Act fulfills its important, true purpose.”
The AGs say the longstanding WOTUS controversy has placed undue regulatory burdens on West Virginia farmers, landowners and businesses by subjecting routine land use activities to costly federal permitting processes.
The Trump administration’s proposed reform aims to restore clarity and predictability to environmental regulations while maintaining critical protections for the nation’s waterways, according to the AGs.
Under previous definitions of WOTUS, landowners faced permit costs averaging over $250,000 and permit wait times exceeding two years for projects on their own property. Some farmers reported needing federal permits for activities such as plowing fields or building bridges over dry washes on their land.
McCuskey’s letter also says West Virginia and other states stand ready to work with federal agencies to develop a workable definition that protects both environmental integrity and constitutional principles.
Joining McCuskey’s letter were the AGs of Alabama, Arkansas, Florida, Georgia, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, Texas and Virginia.
Gov. Patrick Morrisey, the former state AG, also submitted a letter January 5 supporting the Trump administration’s updated WOTUS definition proposed by the EPA.
“The definition of WOTUS under the Biden EPA was pure government overreach that threatened West Virginia’s economy and our way of life,” Morrisey said. “Since I was Attorney General, I have been fighting for a clear, consistent definition that aligns with court decisions and supports West Virginia’s authority to oversee local water resources.”
As AG, Morrisey led a multistate coalition to oppose overly broad interpretations by the Biden EPA, which failed to align with the requirements from Sackett v. Environmental Protection Agency.
In his letter, Morrisey says the Trump administration “seeks to fix those mistakes of the past administration” by strictly limiting the definition to traditional navigable waters, permanent tributaries that connect to these traditional navigable waters, and wetlands that have a continuous surface connection to those navigable waters or permanent tributaries.
“I strongly support the steps taken by the Trump Administration to develop greater regulatory certainty, predictability, and consistency around the definition of WOTUS,” Morrisey said. “West Virginia landowners and regulated businesses have been waiting to be free of the undue regulatory burden imposed by Joe Biden’s EPA.”
