NCBA: more clarity needed on updated WOTUS

The CEO of the National Cattlemen’s Beef Association says additional clarification is needed on the Waters of the United States rule.

Colin Woodall tells Brownfield there are questions surrounding seasonal and ephemeral streams, “but we have court action right now that will continue to work to figure that out.”

NCBA Chief Counsel Mary-Thomas Hart says she is expecting the courts will require year-round and seasonal streams be subject to federal jurisdiction, “but if you have a feature that only carries water after a rain event, that won’t likely be subjected to federal permitting requirements.”

Woodall says overall, the EPA’s latest WOTUS rule, updated in fall 2023, is a positive for the U.S. agriculture industry.

The NCBA has WOTUS lawsuits filed with other agricultural groups in North Dakota and Texas.

Brownfield interviewed Woodall and Thomas Hart at the 2024 Cattle Industry Convention in Orlando, Florida.

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