AFBF: EPA Will Soon Provide WOTUS Clarity

Earlier this week, the Environmental Protection Agency announced moves to begin to clarify the Waters of the U.S. rule [WOTUS].  Courtney Briggs, senior director of government affairs for the American Farm Bureau Federation, says this is good news for farm country.

“WOTUS has always been a troubling issue for our members, and the regulatory landscape became even more confusing under the Biden administration's rulemaking.  So, yesterday's announcement really was the first important step towards creating a rulemaking that faithfully complies with the Sackett decision.”

Briggs said farmers and ranchers have been waiting for updated guidance for nearly two years, since the Supreme Court decision in Sackett v. EPA.

“This announcement is going to redo the WOTUS rule in order to bring it in line with Sackett," Briggs noted.  "Unfortunately, the Biden administration really failed to provide that clarity that directly linked their rulemaking to Sackett. Its shortcomings really revolved around the lack of definitions for important linchpin terms.” 

She said this update provides some much-needed course correction on a WOTUS rule that had become "overreaching".

“It's really less about water and water quality. It's more about land rights and the ability to use your land without having to ask the federal government for permission," Briggs said.  "So it's a difficult task to write a WOTUS rule but I think they're going to inject a lot of clarity and certainty and our members, farmers and ranchers throughout this country should be excited about this new announcement.”

Here is reaction from around the industry:

"A ditch is not a river, and a puddle is not a lake.  For years, the EPA’s overreach has burdened Eastern Washington’s farmers, landowners and small businesses. Administrator’s Zeldin’s steps will bring much-needed clarity and sanity to the meaning of “Waters of the United States,” and put decisions about our land and water back into the hands of the people who know them best – our local communities. ,” said eastern Washington Representative Michael Baumgartner. “By clarifying water regulations and cutting red tape, we empower our farmers, ranchers, and communities to thrive while ensuring the preservation of our vital water resources for generations to come.  Clear rules pave the way for progress, allowing the land to continue feeding America, just as the rivers and streams of our region have nourished its people for centuries."

“I applaud the EPA and Administrator Lee Zeldin’s decision to ensure the definition of “waters of the United States” is aligned with the Sackett decision to provide long-term certainty for landowners,” said central Washington Representative Dan Newhouse.

“The Administrator’s efforts to overturn the harmful regulations of the previous administration is a critical step towards achieving American energy dominance and eliminating unnecessary regulatory burdens on farmers, landowners, and businesses. I will continue to be an advocate for protecting the rights of private landowners against federal government overreach.”

“The Administration's decision to revise the definition of 'Waters of the United States' is a crucial step in correcting years of regulatory overreach and continuous uncertainty for farmers, ranchers, and rural communities," said House Committee on Agriculture Chairman Glenn ‘GT’ Thompson.  "By aligning federal water protections with the Supreme Court’s Sackett decision, the EPA is restoring clarity, cutting burdensome red tape, and empowering local and state governments to manage water resources, while ensuring continued economic growth and environmental stewardship.  I thank Administrator Zeldin for listening to America’s farmers and delivering much needed relief to our rural communities.”

“During the Obama and Biden Administrations, landowners had their rights severely curtailed due to overly expansive interpretations of WOTUS,” said Congressional Western Caucus Chairman, California Representative Doug LaMalfa. “The EPA weaponized WOTUS, directing the Army Corps to target basic land management actions, like a farmer plowing a furrow, and absurdly claimed them to be ‘mini mountain ranges’ that altered U.S. waterways. I’m grateful for both the Supreme Court and the Trump Administration for reining in abuse and restoring the intent of WOTUS. As a farmer myself, I’m elated for the clarity, reasonableness and fairness that the revised WOTUS rule will bring.”

"For years, NCBA has worked across the federal government – educating members of Congress, participating in agency rulemakings, and fighting for cattle producers in federal court – to secure a WOTUS definition that protects both our nation’s natural resources and Americans’ property rights. We are proud of the Trump Administration’s effort to further conform the WOTUS definition to the Supreme Court's decision in Sackett v. EPA" said National Cattlemen’s Beef Association's Chief Counsel Mary-Thomas Hart. "Today’s guidance is an important step toward refocusing the Clean Water Act to its original purpose. NCBA thanks EPA Administrator Zeldin for his work to finally close a decades-long chapter of severe regulatory whiplash."

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