U.S. Senator Shelley Moore Capito, who chairs the Senate Environment and Public Works Committee, expressed support for the Environmental Protection Agency’s (EPA) proposed rule to update the definition of “waters of the United States” (WOTUS) under the Clean Water Act. The proposal aims to align federal regulations with the Supreme Court’s 2023 decision in Sackett v. EPA.
“I applaud the Trump EPA’s proposed rule to make the regulatory definition of waters of the United States consistent with the text of the Clean Water Act. This proposal takes an important step toward providing a clear and legally-sound framework that aligns with the Supreme Court’s Sackett decision and right-sizes federal jurisdiction. I appreciate the Trump EPA’s effort to take public input in developing this proposal, including by holding a listening session in Charleston to allow West Virginians the opportunity to share their perspectives,” Capito said.
She added, “The proposed rule ensures that only wetlands with a true, continuous connection to jurisdictional waters fall under federal oversight. This action will reduce unnecessary burdens and bring predictability to the landowners, farmers, energy producers, and builders who rely on understandable and workable regulations, while continuing to protect our nation’s water. Today’s announcement is welcomed news, and I look forward to the final WOTUS rule in the coming months.”
Senator Capito has been active on WOTUS-related issues over several years. In March 2025, she supported EPA's move to start public comments on future changes to WOTUS rules. She participated in an EPW Committee hearing in October 2023 following a Supreme Court ruling against President Biden's version of WOTUS regulations.
In earlier actions, Capito criticized what she described as regulatory overreach by previous administrations regarding WOTUS definitions. She led or joined legislative efforts seeking reforms or reversals of those policies and supported legal challenges leading up to and following major court decisions such as Sackett v. EPA.
The Supreme Court's May 2023 decision limited federal authority over certain bodies of water under WOTUS rules—a change welcomed by Capito and other lawmakers who have advocated for narrower interpretations favoring state control.
