During the issues forum of the National Farm Broadcasters Washington Watch, Oklahoma Farm Report’s Maci Carter had the opportunity to visit with Mary-Thomas Hart, National Cattlemen’s Beef Association’s Chief Counsel, about the progress EPA is making to clarify the Waters of the United States (WOTUS) definition. In today’s BeefBuzz, Senior Farm and Ranch Broadcaster, Ron Hays, is featuring comments from that conversation.
The WOTUS definition has long been a source of ongoing contention, with shifting interpretations based on presidential administrations and congressional control. Prompted by the Supreme Court’s ruling on Sackett v. EPA, the EPA and the Army Corps of Engineers are collaborating to revise the definition of WOTUS. The revision aims to provide clarity and stability for landowners, particularly those in the agricultural sector, who have faced uncertainty due to fluctuating regulatory interpretations.
EPA and the Army Corps of Engineers have asked for input on the geographic scope of the relatively permanent waters, the meaning of continuous surface, and how to determine the jurisdictional status of ditches.
Hart, along with her team at NCBA, has been homing in on these issues and interacting with the administration. “NCBA has been pretty actively engaged, both in the comment period and in the listening sessions that EPA recently held in its request for recommendations.”
She explained further that it is a preliminary step prior to the EPA issuing a formal ruling or guidance document, but is confident that WOTUS is a priority for them. “We really appreciate that approach,” Hart shared. “We are really happy with the list of exclusions from the WOTUS definition, things like certain ditches, stock and watering ponds, and waste treatment systems. Those are really important to keep excluded from the WOTUS definition. We want a clear exclusion of all ephemeral features.”
Possibly a bigger ask, but high on NCBA’s list of importance is related to interstate water features. Previous administrations have regulated interstate water features in various ways. NCBA wants any interstate water features that don’t qualify as any other category of jurisdictional water, then it shouldn’t qualify just because it spans two or more states.
“That is a big ask for the agency, but overall, I think we are really happy with the direction the agency has taken thus far,” Hart stated.
She mentioned that several relics from the Biden administration were being rolled back by the Trump administration. She detailed listings under the ESA, broader ESA standards, and MIPA standards as rollbacks that will be good for producers.
“Those cases are being slowly rolled back, one by one,” she said. “We’ll still engage in WOTUS litigation until the EPA and this administration make any kind of formal action. I think we are also closely watching cases as they slowly trickle up toward the Supreme Court.”
She said that the Supreme Court has enjoyed a relatively light year, so far, but will likely experience a bigger case load next year.
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.
