Republican lawmakers on the House Water Resources and Environment Subcommittee criticized the Biden administration's recent rule covering U.S. waters protected by the Clean Water Act, calling it "bureaucratic overreach." 

The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, and though the court’s opinion referred to a fairly narrow provision within the Clean Air Act, the ruling potentially places broad restrictions on the ability of federal agencies to enact regulations to address the climate crisis, according to several sources.

Scope of federal jurisdiction on lands near certain bodies of water is core to landowner challenge, but timing of court action will determine if Justice Stephen Breyer, a veteran of Clean Water Act rulings, can weigh in before he retires.

Rulemaking process starts Jan. 26, with industry groups applauding rescind but seeking more input on construction-specific regulations.