Farmers need rules that clearly define federal jurisdiction of Waters of the United States (WOTUS). The American Farm Bureau Federation today submitted comments to the Environmental Protection Agency (EPA) and the Army Corps of Engineers, detailing the impact WOTUS has on farmers and elements that must be included in the new proposed rule to ensure it can withstand future legal challenges.
“Farmers and ranchers support the creation of a legally durable rule that injects clarity into the regulatory process and does not leave landowners guessing what parts of their property are subject to regulation,” wrote John Newton, vice president of public policy and economic analysis.
The proposed rule implements Supreme Court rulings that narrowed the scope of federal Clean Water Act jurisdiction by creating definitions for important terms such as “relatively permanent” and “continuous surface connection,” which determine what should be considered a WOTUS.
Among Farm Bureau’s recommendations are:
Further defining “relatively permanent” to narrow the regulatory scope;
Clarifying when wetlands should fall under WOTUS;
Continued exclusion of prior converted cropland; and
Exclusion of ditches from WOTUS jurisdiction.
“Ever-changing rulemakings that redefine the scope of the CWA have created decades of regulatory uncertainty. We have seen WOTUS definitions change with each administration, guidance documents offered and then rescinded, and confusing litigation that have provided more questions than answers. Landowners, small businesses and American families are the ones who suffer the most. This administration has an opportunity to produce a durable rule that injects clarity and certainty into the definition of WOTUS.”
To read AFBF’s comments, click here.
