EPA Pushing Ahead with Redefining WOTUS, Despite Opposition

WASHINGTON, DC – Less than two months ago, the U.S. Environmental Protection Agency (EPA) announced their intent to revise the definition of “waters of the U.S.” or WOTUS.

Just over a year ago, the Trump Administration’s EPA proposed a change to the definition based upon a Supreme Court ruling forcing the move. The Trump-era rule called the Navigable Waters Protection Act took into account the many commenters filed both in favor of tighter regulations and those with more ag-friendly rules.

The major change was the definition of what the Federal government could regulate and the expanded powers being returned to the States. For farmers and ranchers, the NWPA provided certainty as opposed to the Obama-era rule that proposed to regulate everything from a major river to a pothole or temporary playa lake.

EPA now says the forthcoming rule will propose to restore the regulations defining WOTUS, but updated to be consistent with relevant Supreme Court decisions.

This process includes two rulemakings: a foundational rule to restore longstanding protections, and an anticipated second rule that builds on that regulatory foundation.

Every major farm and commodity group has voiced opposition to the move, which they say further restricts the progress made by agriculture in the form of environmental stewardship.
(SOURCE: All Ag News)