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Beef Buzz News

NCBA Concerned with the Biden Admin's Plan to Publish their own WOTUS Rule Ahead of the Supreme Court

Mon, 02 May 2022 09:03:03 CDT

Senior Farm and Ranch Broadcaster, Ron Hays is back with Environmental Counsel of the National Cattlemen's Beef Association, Mary Thomas Hart. In part one of their conversation, they visited about the Sackett v. EPA case that will be argued before the Supreme Court this fall. Today, they talk about the Biden administration's plan to come out with their own WOTUS rule in 2022.

"The Biden administration proposed yet another definition of WOTUS earlier this year and that comment period closed at the beginning of February," Hart said. "NCBA submitted comments, agricultural groups across the country submitted comments, just again, calling for really important clarity and regulatory certainty for landowners, farmers, ranchers, and other land managers."

It will be interesting to see what approach the Biden administration takes, Hart said, because the last two weeks of the comment period was the Sackett case. Hart says no one expected this to happen.

"When the Supreme Court granted cert. to that case, that changes everything," Hart said. "Our most significant ask in our comments to the Biden administration was for them to press pause until we hear from the Supreme Court about the Sackett Case."

Regardless of what the Biden administration writes in their definition of WOTUS, Hart said, they will have to go back and revise it after the fact and opinion.

"If we are concerned about efficiency and efficiency using government funds, writing a rule that you are going to have to revise is probably not the wisest move," Hart said.

Hart said we currently stand under the bed of regulations that were in place before the Obama rule.

"All the way back to 2014- that is the regime we are operating under right now," Hart said. "It's the enemy we know."

It is not our preference, Hart said, but it is the set of rules and regulations our members, livestock, and agricultural producers across the country have learned to work with and deal with."

While we are in flux in trying to find a final definition of WOTUS, Hart said operating under the 1987 regulations is safe for most producers.

"We aren't going to get caught in any 'gotcha' enforcement action and there won't be any surprises because we've been working under these regulations for quite a while," Hart said, "So you know, I think that the safest bet for landowners across the country is to continue operating under those regulations until we hear from the Supreme Court."

Until the Biden administration issues a finalized new definition of what WOTUS is, Hart said we will be operating under the status quo.

"Keep a close eye on the Supreme Court," Hart said. "I know NCBA will certainly be watching."


To Listen to part one of Ron's conversation with Mary Thomas Hart, Click Here.

To Read Sackett v. EPA, Click Here.



To Listen to more of Ron's conversation with Mary Thomas Hart on WOTUS, click the LISTEN BAR below.

The Beef Buzz is a regular feature heard on radio stations around the region on the Radio Oklahoma Network and is a regular audio feature found on this website as well. Click on the LISTEN BAR below for today's show and check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today.


   



   

Listen to Mary Thomas Hart on the Biden Admin's Plan to Redefine WOTUS right-click to download mp3

 

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