AFBF Asking For WOTUS Clarity

The American Farm Bureau Federation is asking the EPA for changes to the Waters of the U.S. Rule.  David Schilling, AFBF public policy counsel, said the group wants the rule brought in line with the Sackett v. EPA Supreme Court ruling.

“The problem is that, under the current definition, everyday activities on the farm, whether it's plowing, planting, fence building, and so on, could trigger enforcement by the federal government under the Clean Water Act. Farmers really need to focus on farming, not seeking permits just to accomplish the core tasks that make their work possible,” Schilling said.

He added the current rule does not follow the precedent set forth in Sackett, which is clear about the boundaries of regulating the nation’s waterways.

“By not following what seemed to us to be very clear legal guardrails in that case and other precedents, the current EPA rule imposes regulations that are inconsistent with the law and burdensome to our farming communities," Schilling noted.  "Specifically, we're seeking a clear definition that allows for identification of which waters are relatively permanent and connected to traditional interstate navigable waterways, and thus appropriate for federal jurisdiction.”

Schilling said the EPA is going to conduct listening sessions with various stakeholders, including farmers and ranchers, to see what changes need to be made. 

“Next, we anticipate EPA will issue a proposed rule that takes into account what the agency learned in those listening sessions, and then the American Farm Bureau Federation and other interested parties will provide comments on that proposed rule to guide EPA in making any needed changes. And then finally, EPA will presumably issue a final rule.”

Click Here to learn more about the Farm Bureau's plans with WOTUS.

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