Washington D.C. – (02/18/25) – Today, the Institute for Energy Research submitted three petitions to the Trump administration to achieve the president’s objective of unlocking American energy potential. The first petition asks the EPA and U.S. Army Corps of Engineers to align the definition of Waters of the United States (WOTUS) with a recent Supreme Court ruling. The second petition urges the EPA to reconsider and revise the Clean Water Act Section 401 Water Quality Certification Improvement Rule. The final petition calls for the EPA to reconsider the Water Quality Standards Regulatory Revisions To Protect Tribal Reserved Rights rule.
Tom Pyle, president of the Institute for Energy Research, issued the following statement:
“Today, the Institute for Energy Research is encouraging the Trump administration to take a critical step to ensure that federal energy policies reflect both legal integrity and the fundamental principles of federalism. We believe that the EPA and the Army Corps must restore clarity, fairness, and respect for constitutional principles to foster energy growth and ensure that states retain the authority to manage their natural resources. These actions align with President Trump’s goal of unlocking America’s abundant energy resources to lower prices for working families. We encourage his administration to continue to move quickly to achieve that goal by taking up these petitions.”
Summary of the IER petitions:
EPA and Army Corps of Engineers on WOTUS
Despite the Supreme Court’s ruling in Sackett v. EPA, the Biden administration moved forward with its own definition of WOTUS, relying on Justice Kennedy’s outdated “significant nexus” test. The definition does not align with the Sackett ruling, and the petition calls for the EPA to revise the rulemaking to align with the Supreme Court’s decision. This petition requests that the U.S. EPA and the U.S. Army Corps of Engineers start a new rulemaking process to clarify and redefine the term “Waters of the United States” under the Clean Water Act.
Under the Clean Water Act, states have authority over the permitting process for state waters. However, this was intended to be a consultative process, enabling states to request mitigation measures or changes to infrastructure routes, not to serve as an outright ban on certain infrastructure. This petition requests that the U.S. EPA reconsider and revise the final rule titled Clean Water Act Section 401 Water Quality Certification Improvement Rule, published on September 27, 2023.
The Biden administration altered long-standing precedent to prioritize tribal water rights claims in state water planning processes. This undermines the ability of states to manage their own sovereign waters, an authority that is supposed to be vested in state government. The rule, which requires states to consider and enforce asserted tribal water rights when developing water quality standards, exceeds the EPA’s legal authority and conflicts with the Clean Water Act. This petition requests reconsideration of a rule titled “Water Quality Standards Regulatory Revisions To Protect Tribal Reserved Rights,” published on May 2, 2024, by the Biden administration.
Experts Available For Interview:
Additional Resources:
- Petition to the Army Corps of Engineers on WOTUS
- Petition to the EPA on 401 permitting
- Petition to the EPA on Tribal Rights Rule
