The EPA and the U.S. Army Corps of Engineers have finalized a new WOTUS rulemaking that repeals the Navigable Waters Protection Rule, doubles down on the unworkable “significant nexus test” and creates more complicated, overreaching regulations .
Meanwhile, the Supreme Court heard oral arguments in a WOTUS case (Sackett v. EPA) in October of 2022. A decision in this case should be handed down this year and could provide a lot of clarity and certainty for farmers and ranchers.
Farmers and ranchers care about clean water and preserving the land, which are essential to producing healthy food and fiber and ensuring future generations can do the same. That’s why we supported the Navigable Waters Protection Rule.
- AFBF President Zippy Duvall
The new rule greatly expands the federal government’s regulatory reach over private land use because it allows it to regulate ditches, ephemeral drainages and low spots on farmlands and pastures. This could impact everyday activities such as plowing, planting and fence-building in or near these areas.
This rulemaking brings us further away from the clarity and predictability achieved by the Navigable Waters Protection Rule. This is important for farmers and ranchers because the penalties for non-compliance are significant. A simple misjudgment by a farmer in determining whether a low spot is or isn’t subject to the regulation can trigger substantial civil fines as well as criminal penalties.
Stay up to date with AFBF’s efforts on WOTUS and other issues at FB Advocacy.
Farm Bureau is a member of the Waters Advocacy Coalition.