EPA plans to revise WOTUS
EPA plans to revise WOTUS
On March 12, U.S. Environmental Protection Agency (EPA) Administer Lee Zeldin announced the EPA will work with the U.S. Army Corps of Engineers to deliver on President Donald J. Trump’s promise to review the definition of Waters of the U.S. (WOTUS).
According to the EPA press release, the agencies will move quickly to ensure a revised definition follows the law, reduces red tape, cuts overall permitting costs and lowers the cost of doing business in communities across the country, all while protecting the nation’s navigable waters from pollution.
The recent landmark decision by the U.S. Supreme Court in Sackett vs. EPA presents an appropriate opportunity for the EPA to thoughtfully address this matter.
By doing so, the agency can offer American farmers, landowners, businesses and states clear and simplified guidance moving forward.
“We want clean water for all Americans, supported by clear and consistent rules for all states, farmers and small businesses,” Zeldin states. “The previous administration’s definition of WOTUS placed unfair burdens on the American people and drove up the cost of doing business. Our goal is to protect America’s water resources consistent with the law of the land while empowering American farmers, landowners, entrepreneurs and families to help power the great American comeback.”
“Farmers and ranchers are the best stewards of the land and need water regulations that are clear and practical, not burdensome,” states U.S. Secretary of Agriculture Brooke Rollins in the press release. “Thank you Administrator Zeldin, for your leadership on this critical rule. The U.S. Department of Agriculture supports EPA’s revisions to WOTUS which provides certainty and recognizes the key role agriculture plays in protecting our natural resources. We’ll keep pushing for policies that let producers focus on what they do best – feeding, fueling and clothing our nation.”
WOTUS review
The definition of WOTUS plays a crucial role in the implementation of the Clean Water Act (CWA).
It helps clarify the circumstances under which farmers, landowners and businesses may need to secure permits, thereby ensuring projects proceed in an environmentally responsible manner.
“To date, EPA has failed to follow the law and implement the Supreme Court’s clear holding in the Sackett case,” reads the press release. “It is critical Americans know which waters are subject to federal jurisdiction under the CWA to grow economies and lower costs for American families while protecting human health and the environment.”
The EPA will begin its review by quickly gathering input from stakeholders who were overlooked during the previous administration.
The agency aims to collect targeted information on the main challenges faced by Americans.
Additionally, the agency will initiate a rulemaking process to revise the 2023 definition of WOTUS, focusing on clarity, simplicity and improvements.
While the rulemaking process may be ongoing, the agency will assist states using the pre-2015 definition of WOTUS to ensure compliance with current laws.
A key priority for the Trump administration will be to collaborate with state partners, empowering them and local officials to safeguard their important water bodies while also promoting economic opportunities.
This approach will ensure decisions are made efficiently and effectively, leveraging local knowledge and expertise.
“EPA’s review will be guided by the Supreme Court’s decision in Sackett vs. EPA, which stated the CWA’s use of ‘waters’ encompasses only those relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes,” the press release states. “The Sackett decision also clarified wetlands would only be covered when having a continuous surface connection to waterbodies that are WOTUS in their own right.”
Industry response
National Cattlemen’s Beef Association’s (NCBA) Chief Counsel Mary-Thomas Hart issued the following statement on March 12 in response to the EPA’s release of guidance for implementing the “continuous surface connection” definition under WOTUS.
“For years, NCBA has worked across the federal government – educating members of Congress, participating in agency rulemakings and fighting for cattle producers in federal court – to secure a WOTUS definition which protects both our nation’s natural resources and Americans’ property rights,” states Thomas Hart. “We are proud of the Trump administration’s effort to further conform the WOTUS definition to the Supreme Court’s decision in Sackett vs. EPA. Today’s guidance is an important step toward refocusing the CWA to its original purpose. NCBA thanks Administrator Zeldin for his work to finally close a decades-long chapter of severe regulatory whiplash.”
American Farm Bureau Federation (AFBF) President Zippy Duvall also provided a comment on March 12, regarding the EPA’s announcement to begin efforts to clarify how it will implement the WOTUS rule to comply with the U.S. Supreme Court’s ruling in Sackett vs. EPA.
“AFBF appreciates the EPA for taking a step toward providing clarity in how farmers and ranchers should comply with the WOTUS rule,” Duvall states. “The Supreme Court clearly ruled, almost two years ago, the government overreached in its interpretation of what waters fell under federal jurisdiction, but inaction and vague implementation guidelines by EPA led to permitting delays, litigation and uncertainty.”
Duvall concludes, “I’m pleased Zeldin has listened to the concerns of farmers and is making strides toward getting rid of the guesswork. The foundation he laid today is the first step toward creating clear WOTUS implementation guidelines, which will help farmers protect the environment while ensuring they can grow the food America’s families rely on.”
Melissa Anderson is the editor of the Wyoming Livestock Roundup. Send comments on this article to roundup@wylr.net.
