Senior Farm and Ranch Broadcaster, Ron Hays, is talking with the National Cattlemen’s Beef Association Chief Counsel Mary-Thomas Hart about the latest update on the Waters of the U.S. rule.
On August 29, the Biden Administration issued their revised WOTUS rule. While many ag groups have voiced their displeasure with the revised rule, NCBA sees potential.
“Earlier this year, we got a really favorable decision from the Supreme Court in Sackett v. EPA that required EPA to take the Biden Administration’s WOTUS definition back to the drawing board,” Hart said. “We heard from EPA a couple of months ago that they were planning some ‘surgical adjustments’ to the rule, and that is exactly what we got…”
These adjustments made by the EPA, Hart said, were quite impactful. One important takeaway, Hart said, is that there is no reference to a significant nexus in the latest rule, which is a massive achievement.
“We saw the redlining of any reference to the significant nexus test,” Hart said. “That rule, that change that we saw yesterday significantly narrows the number of features that are subject to federal Clean Water Act jurisdiction, and I think it provides a lot of additional clarity for farmers, ranchers, and landowners across the country.”
There are still some terms that will need to be defined, Hart said, but it is important to acknowledge the progress that has been made in the last few months coming off of the Sackett v. EPA decision. Some of those terms that will need defining include continuous surface connection, relative permanence, and interstate waters.
“For farmers and ranchers today, if you have an isolated feature, if you have an ephemeral feature on your property, you should be able to effectively manage those features without worrying about EPA showing up and saying that you violated the Clean Water Act,” Hart said.
Hart said it is critical to remain engaged and involved in the conversation as EPA defines some of those important terms, and it is helpful to know that the Sackett v. EPA decision can be used as a cornerstone to refer to.
“We will also be watching how they enforce this definition when it comes to working with landowners on the ground,” Hart said. “When we look at the text of the WOTUS definition that we got yesterday, I am not disappointed. I think there is work still to be done, but I think we are moving in the right direction.”
Hart has even more to say- so click on the Listen Bar for the entire conversation on where we now stand with WOTUS between Hays and Mary-Thomas Hart.
The Beef Buzz is a regular feature heard on radio stations around the region on the Radio Oklahoma Ag Network and is a regular audio feature found on this website as well. Click on the LISTEN BAR at the top of the story for today’s show and check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today.
