The following may be attributed to American Farm Bureau Federation President Zippy Duvall:
“Due to a misguided ruling by a single federal district court today, the overbroad, vague and illegal 2015 Waters of the United States Rule is now the law of the land in twenty-six states.
“To avoid widespread uncertainty and potential enforcement against ordinary farming activities in these already-uncertain times, we call on the administration to take immediate steps to limit the impact of this dangerous court decision. The U.S. District Court for South Carolina was wrong to invalidate the agency’s ‘applicability rule’ that had simply delayed the effective date of the 2015 WOTUS rule. The delay rule would have maintained regulatory certainty and stability while the administration completes its reconsideration of the 2015 rule and works to develop a new regulation to provide both clean water and clear rules. Today’s court ruling creates enormous regulatory uncertainty and risk for farmers, ranchers and others in the 26 states that are not already protected from the unlawful 2015 rule by previous court decisions.
“The flawed 2015 rule—which two courts have blocked in 24 states, and which would never stand up to legal scrutiny—is now applicable to the citizens of the remaining 26 states. While work continues to develop a common-sense and lawful solution, we urge the administration to immediately take action in the courts to limit the scope of this injunction to South Carolina. We also urge the administration to move as quickly as possible to a final decision to repeal the 2015 rule. Now, more than ever, we must Ditch the Rule.”