Today, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers announced the final “Revised Definition of ‘Waters of the United States’”. The rule will take effect 60 days after it is published in the Federal Register.
“The National Association of Wheat Growers (NAWG) is deeply concerned that the EPA and U.S. Army Corps rushed to get this revised definition out prior to the end of the year instead of waiting for the decision in the Sackett case before the Supreme Court,” said NAWG CEO, Chandler Goule. “While we continue reviewing the final rule, since the rulemaking process was announced last year, NAWG has stressed that farmers need clarity regarding jurisdiction, recognize important agricultural water features, and more long-term certainty from the courts and administrations.”
In April 2022, NAWG filed an amicus brief with other agriculture groups in the Supreme Court case, which is examining the scope of federal jurisdiction as a Water of the United States under the Clean Water Act.
NAWG will be reviewing the regulation in more detail in the coming days. For more information, visit the EPA website.