Dallas BA Past President Murphy Testifies Before U.S. House Committee on the Impact of Biden WOTUS Rule
Dallas BA Past President and current Chairman of NAHB’s Environmental Issues Committee, Frank Murphy, testified on March 8 before the U.S. House Committee on Small Business regarding the negative impact the 2023 “waters of the United States” rule (WOTUS) has on small businesses, as well as the ability to provide affordable housing.
During his testimony, Mr. Murphy spoke on how the 2023 rule “inappropriately expands federal authority” by relying on “undefined regulatory terms and concepts.” Pointing to how it increases federal control over private property and increases already challenging permit delays.
In his testimony, Murphy voiced concerns about how the 2023 WOTUS have a heavy reliance on what is known as the significant nexus test and causes further delays for small businesses awaiting jurisdictional determination, while lacking guidance. He also pointed out how the new rule forces landowners, with previously approved determinations, to re-apply for jurisdictional determination, even though those approvals are usually valid for 5 years. Citing the new rule’s lack of certainty, Murphy urged that a rule be produced that provides a constant guidance beyond one presidential administration.
Murphy referenced the inappropriate timing of the WOTUS rule, considering the U.S. Supreme Court may soon decide to rule against it. Murphy also urged Congress to vote for a proposed CRA, a joint resolution of disapproval under the Congressional Review Act, that would reverse the Biden Administration’s WOTUS rule.