Weekly Capitol Report

Government Overreach at its Worst

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Washington, January 6, 2023 | comments

President Ronald Reagan once said, “The nine most terrifying words in the English language are: I'm from the government, and I'm here to help.” He was exactly right. Government bureaucrats love to claim that the red tape they put in place is supposed to be for the greater good. Here in Missouri, we know that’s a bunch of hogwash. What these unelected bureaucrats are really trying to do is expand government command and control over the lives of hardworking Americans, especially those in rural areas like southern and southeastern Missouri.

Late on the afternoon of Friday, December 30, while most Americans were gearing up to celebrate New Year’s weekend with their friends and family, the Biden administration tried to bury the rebirth of a regulation that has bedeviled farmers and small businesses since it was first proposed by the Obama administration - the awful Waters of the U.S. (WOTUS) rule, which defines the scope of the federal government’s authority over our nation’s waters. Democrat presidents have spent decades trying to expand the definition of “waters” as part of their efforts to grow the power of the federal government to regulate every piece of land and water. Under the Obama administration’s WOTUS rule, the federal government had the authority to regulate practically any body of water – whether it’s a puddle, ditch, pond, or creek – passing through or standing on private land. In fact, Obama’s overreaching rule gave the federal government the authority to regulate over 99% of the land in Missouri. Unfortunately, the Biden administration’s new WOTUS rule appears to be just as awful as Obama’s.

During the Trump administration, I brought then-Environmental Protection Agency Administrator Andrew Wheeler to Missouri to meet with stakeholders so he could hear firsthand the impacts of Obama’s WOTUS rule. That feedback was used to craft the Trump administration’s repeal of that rule and its pro-farmer replacement. That just goes to show how big a difference it makes when we have leaders who put the people first instead of prioritizing their radical agenda.

So what could Biden’s WOTUS rule mean for Missourians? Whether it’s an Electric Co-op trying to install utility poles on the side of the road or a rancher who needs a new barn to expand their operation, they could be running afoul of federal law if they fail to gain the federal government’s approval to start building on land that has a puddle or two after some rain. That’s absolutely unacceptable.

Fortunately, there’s hope that Biden’s rule will be struck down by the Supreme Court. This summer, the justices will announce their ruling in Sackett v. EPA, a landmark case that will determine if the federal government can use certain environmental regulations – including the WOTUS rule – to block landowners from building a home on their own property. As part of my years-long effort to get rid of overreaching regulations like WOTUS, I was proud to coauthor an amicus brief urging the Supreme Court to rule in favor of the farmers and landowners.

Missourians have always had a strong distrust of the federal government; it’s a sentiment we’ve proudly held for over 200 years. We believe that local governments – not bureaucrats sitting in cubicles thousands of miles away – should write the laws and regulations that impact our lives every day. I’ll always fight to protect Missourians from the Biden administration’s overreaching WOTUS rule and ANY other attempts by Washington Democrats to force their radical agenda on our communities.

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