Administration Set To Release New WOTUS Rules

Later this week, the Trump Administration plans to propose a new Waters of the U.S. rule to replace the much-criticized WOTUS rule the Obama Administration issued in 2015.  The new EPA-Army Corps WOTUS rule could finally simplify and clear up confusion over what is and isn’t a water the government can require a permit to change under the Clean Water Act.  American Farm Bueau's Don Parrish said gone, could be jurisdiction over many ditches, potholes, and streams that only fill up when it rains, and the threat of huge fines for not having a permit.

"I do believe it’s going to be something we can support, primarily because this Administration has done so much outreach, and I think they’re going to provide the clarity that we need to protect water quality, and provide the clarity that keeps farmers out of problems with the Clean Water Act.”

Parrish said a Texas judge could rule soon on the Obama era WOTUS rule that regulates vast tracts of land features nationwide, and is still in force in 22 states, including Washington.

“And if he rules that this rule was adopted, you know, either reading the term navigable out of the Clean Water Act or that it violated the Constitution in someway, we’re going to know that, right after the first of the year in all likelihood.”

The Texas ruling, or others, and the new rule, itself, could also be challenged in the courts, to which Parrish said, “then we’ll litigate that rule.”

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