Bismarck, N.D. – Gov. Kelly Armstrong on Thursday expressed support for a revised definition of Waters of the United States proposed by the U.S. Environmental Protection Agency and the Army Corps of Engineers, saying the changes would provide regulatory certainty for farmers, businesses, and consumers across North Dakota.
The proposal was discussed during a listening session hosted by U.S. Sen. Kevin Cramer at Bismarck State College. EPA and Army Corps officials attended the session, which marked the start of a 45-day public comment period that runs through Jan. 5. Among those present were EPA Principal Deputy Assistant Administrator Peggy Browne, U.S. Sen. John Hoeven, and Acting Assistant Secretary of the Army for Civil Works Lee Forsgren.
Armstrong criticized the previous WOTUS rule adopted under the Biden administration, calling it an example of federal overreach that threatened North Dakota’s agricultural, energy, and small business sectors. He said the revised proposal under the Trump administration strikes a better balance by protecting water resources while respecting private property rights and state authority.
Members of the governor’s Cabinet also voiced support for the revised definition, offering minor clarifications during the session. Those speaking included Department of Water Resources Director Reice Haase, Department of Environmental Quality Director Dave Glatt, and Department of Transportation Director Ron Henke. State Agriculture Commissioner Doug Goehring and Attorney General Drew Wrigley, both members of the state Industrial Commission chaired by Armstrong, also provided comments.
The proposed rule would revise regulations that define which waters fall under federal jurisdiction through the Clean Water Act. North Dakota and 23 other states successfully challenged the previous WOTUS rule in federal court in 2023, resulting in the rule being blocked. The U.S. Supreme Court later ruled in Sackett v. EPA that the Biden administration’s interpretation of WOTUS was inconsistent with the Clean Water Act.
On Nov. 17, the EPA and Army Corps announced the updated proposal, stating it is intended to protect water resources while strengthening cooperative federalism and supporting industries such as agriculture, energy, development, and technology.
