Senior Farm and Ranch Broadcaster, Ron Hays, is visiting with the vice president of governmental affairs at the National Cattlemen’s Beef Association, Ethan Lane, talking about the latest on WOTUS (Waters of the U.S.)
Recently, the U.S. Senate passed a resolution to stop the Biden administration’s latest WOTUS rule. Senators from both parties, Lane said, are recognizing the issues the new WOTUS rule will create.
“It definitely was gratifying to see, even though we know the president is not going to sign this CRA (Congressional Review Act), obviously, most of the time you don’t see a president sign a Congressional Review Act to roll back their own legislative priorities, but it sends a very clear message to the administration that this is not a popular rulemaking,” Lane said. “In fact, it is losing popularity as this issue continues to lag on year after year.”
The light at the end of the tunnel, Lane said, is waiting to see what the Supreme Court will decide on WOTUS.
“We were denied an injunction in Federal Court on this rule a few weeks ago, except in two states, so the rule is in effect now in 48 states,” Lane said. “We have always had a problem with that, just based on the fact that we think it is highly likely that the 6/3 conservative Supreme Court will weigh in on that significant nexus test and possibly create a situation where this newly promulgated rule is simply not valid.”
Lane said he is hopeful the result of the Supreme Court decision will come during the month of April.
“If that core element of that significant nexus test is invalidated in any way, it doesn’t really bode well for the rule standing on its own weight,” Lane said.
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