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Farm groups optimistic about next WOTUS rule

The Environmental Protection Agency wants a new Waters of the U.S. rule by the end of the year and ag groups are optimistic it will be less burdensome on producers.

Courtney Briggs with American Farm Bureau Federation says the EPA’s goal is ambitious.  “We do expect there to be a public comment period and an interagency review block of time, but I do think it’s doable.”

Mary-Thomas Hart with the National Cattlemen’s Beef Association tells Brownfield, “Our top priority as an association and as an industry is not making sure that a rule is finalized quickly, but making sure that whatever the final action is from the agency, it’s done correctly and can withstand a legal challenge.”

Briggs says even with a new rule from EPA and the Army Corps of Engineers, there may still be issues to resolve. “I don’t know if it can be put to bed once and for all.  Really, that’s going to take Congress doing the hard work of cracking open the Clean Water Act and writing a clear definition into the statute.”

Hart says landowners have dealt with fourteen different versions of the WOTUS rule since the Clean Water Act was signed into law during the early 1970s.

The Supreme Court’s Sackett decision, which was released in 2023, said the scope of the rule was too broad.

Briggs says the goal of this administration is to prevent the pendulum from swinging so violently from one direction to another, which will provide more clarity to the regulated community. 

Hart says EPA started by asking for stakeholder input, which doesn’t happen very often.  She says it’s unclear if EPA will create an entirely new rule, or if they will issue guidance directing staff on how to implement the existing rule.

AUDIO: Courtney Briggs with AFBF discusses the expected new WOTUS rule with Brownfield’s Larry Lee

AUDIO: Mary-Thomas Hart with NCBA discusses the expected new WOTUS rule with Brownfield’s Larry Lee