Inhofe Expresses Concern at EPW Hearing about Biden Announcement to Repeal and Replace Trump-era Navigable Waters Protection Rule

Press Release

Today, U.S. Sen. Jim Inhofe (R-Okla.), senior member of the Environment and Public Works (EPW) Committee, questioned witnesses this morning at an EPW hearing, and expressed serious concern about the recent announcement from the Biden administration that they plan to repeal and replace the 2020 Navigable Waters Protection Rule (NWPR) which replaced the illegal Obama-era Waters of the United States (WOTUS) rule that was particularly detrimental to Oklahoma farmers and ranchers.

Witnesses included: Jeffrey Prieto, nominee to be General Counsel of the U.S. Environmental Protection Agency; Jane Nishida, nominee to be Assistant Administrator for International and Tribal Affairs of EPA; and Alejandra Castillo, nominee to be Assistant Secretary for Economic Development of Department of Commerce.

Inhofe: Thank you, Mr. Chairman. I appreciate that very much.

Let me just kind of build on a little bit of what Sen. Lummis was talking about because that is one of the major things I want to bring up and talk about. A lot of us have had serious concerns with the administration's recent announcement that it will repeal and replace the Trump-era Navigable Waters Protection Rule. Now, I don't think I heard you say that in those words. What would your position be on that?

Prieto: Senator, again, I have not had the opportunity to review that announcement, but I do know that the administrator has indicted, and again, through the Office of Water, that as they move forward in this particular area that they are going to engage in that very broad stakeholder approach. I think that it's important to state that, as I mentioned to Sen. Lummis as well, is that there needs to be that opportunity as another rule making process, if that does in fact take place, to ensure that all the regulated communities are going to have the opportunity to speak to this.

Inhofe: I appreciate that. Now let me kind of hurry on a little bit because you are familiar with the statement that was made, the specific and significant harm or implementation challenges of the Trump rule. I have heard this statement made by more than one, and yet, no one is specific as to what that specific and significant environmental harm comprised of. Can you help me with that?

Prieto: Senator, what I would say in terms of that statement is again, I am not part of the administration. I can commit to you Senator, that if confirmed, I will look very closely and support Administrator Regan and the Office of Water as they move forward in that process. I was not involved in making that particular statement, but I do think Senator, and I think this is again very important; I think it is the interest of Administrator Regan to go through a process that will ultimately end up with a durable rule; a rule that brings certainty. I think that is something that all the regulated communities as well as this committee is looking forward to, and I am committed to that process with the ultimate goal of reaching that particular solution.

Inhofe: And, I appreciate that, but let me just ask you, are you familiar with any specific and significant environmental harm?

Prieto: Senator, I again, not having crafted that particular language and not having looked at that, I would not comment on that particular statement. I do look forward, if confirmed, to be briefed on it.

Inhofe: You either are or are not familiar. Are you familiar of any of that level of harm?

Prieto: I am not familiar with any levels of harms. I do not know what that statement is referring to in terms of specific, Senator.

Inhofe: Ms. Nishida, first of all, the fact that you are interested in the problems and successes with the Quapaw was one that I was right in the middle of for a period of about eight years, so I am very familiar with that, and that was successful.

Now, in May I sent a letter to the president regarding the administration's lack of transparency in developing its new Paris Climate "nationally determined contribution" emissions pledge, and I have not received any response back from that. Now, assuming that you are confirmed, which I believe you will be, would you see to it that I do get a response to that request that I made some time ago.

Nishida: Thank you, Senator, for your question in regards to the Paris Climate Agreement. President Biden has made addressing the climate crisis a priority for the entire administration, so my office will be working with the other offices within the EPA and with our colleagues in the State Department and the White House to take a whole government approach to addressing the climate change, including the NDC commitments that we have under the Paris Agreement.

Inhofe: I hate to interrupt you, but the question was very specific, and that is, would you see to it that I get a response to the letter and request that I made, I don't have the date of this, but it's been some time now; just getting a response.

Nishida: Senator, I am not familiar with your letter, but I will certainly work with the appropriate officials in the U.S. government.

Inhofe: Then would you let me know either way once you do that.

Nishida: Senator, as I mentioned, I will work with the appropriate official to let them know about your concern in regards to your letter.

Inhofe: I would appreciate that very much.

Ms. Castillo, I know I used your time by going into a lot of the detail, but I am so familiar with what you folks do, and I am so impressed by it. I will look forward to working with you on probably more of a regular than you would really want right now.

Castillo: I will commit, Senator.

Inhofe: Alright, thank you.

Thank you, Mr. Chairman.

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