Armstrong voices support for revised ‘Waters of the U.S.’ definition as good for ND ag, energy, businesses

BISMARCK, N.D. – Gov. Kelly Armstrong today shared his support for the revised definition of Waters of the United States (WOTUS) proposed by the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers, which will provide certainty and common-sense regulation for farmers, businesses and consumers.

U.S. Sen. Kevin Cramer hosted EPA and Army Corps officials at a listening session at Bismarck State College for the proposed WOTUS rule, which is open for a 45-day comment period through Jan. 5. Among those attending were EPA Principal Deputy Assistant Administrator Peggy Browne, U.S. Sen. John Hoeven and Acting Assistant Secretary of the Army (Civil Works) Lee Forsgren.

“The Biden-era WOTUS rule was an existential crisis for North Dakota. It represented massive federal overreach that would have been catastrophic for North Dakota’s farmers and ranchers, energy producers and small businesses. That’s why our state has been the tip of the spear in pushing back on previous rules that would have harmed our state,” Armstrong said. “The Trump administration’s proposed rule protects our water resources while protecting and preserving private property rights. Under this new rule, farmers and ranchers won’t have to worry about asking the federal government for permission before they can plant a soybean crop or run cows on their pasture. It’s great to be up here knowing that North Dakota voices will actually be heard.”

Members of Armstrong’s Cabinet also spoke favorably on the revised WOTUS definition, offering minor clarifications, including Department of Water Resources Director Reice Haase, Department of Environmental Quality Director Dave Glatt, and Department of Transportation Director Ron Henke. Also providing comments were state Agriculture Commissioner Doug Goehring and Attorney General Drew Wrigley, who serve on the state Industrial Commission chaired by Armstrong.

The proposed rule revises the regulations defining the scope of waters federally covered under the Clean Water Act.

North Dakota and 23 other states successfully sued the EPA and Army Corps in 2023 over the Biden administration’s overreaching WOTUS rule, convincing a federal judge to block rule from being implemented. The U.S. Supreme Court subsequently found in Sackett v. EPA that the Biden EPA’s interpretation of WOTUS was inconsistent with the Clean Water Act and would impinge on states’ traditional authority to regulate land and water.

On Nov. 17, the EPA and Army Corps under the Trump administration announced a proposed updated definition of WOTUS, saying it will play a key role in EPA’s Powering the Great American Comeback initiative by protecting water resources, strengthening cooperative federalism, and supporting American industry, energy producers, the technology sector, farmers, ranchers, developers, businesses and landowners

Comments on the revised definition may be submitted here.