The Supreme Court has been hearing oral arguments in the Sackett v. EPA case. This case considers the Environmental Protection Agency’s (EPA) regulatory authority under the Clean Water Act and will directly impact the Biden administration’s ongoing “Waters of the U.S.” (WOTUS) rulemaking. This is the fourth time the court has considered the definition of WOTUS, and 6 of the 9 justices …
AFBF: EPA Should Keep “Navigable” in New WOTUS Rule
The American Farm Bureau Federation (AFBF) submitted recommendations last week on the definition of “Waters of the United States” (WOTUS). The comments were filed with the Environmental Protection Agency (EPA) and the Army Corps of Engineers. In June 2021, the EPA announced its intent to revise the definition of WOTUS and solicited pre-proposal recommendations. In the recommendations, AFBF expresses disappointment …
Navigable Waters Protection Rule Challenge Dismissed
Back in May, various environmental groups asked a federal court to vacate the Navigable Waters Protection Rule (NWPR) enacted during the Trump Administration. The motion, filed in a South Carolina U.S. District Court, asked the court to vacate the rule based on what they call undisputed facts, including what they say has been lost protection for U.S. waters. But last …
NCBA Concerned with EPA Revising Navigable Waters Rule
The Environmental Protection Agency (EPA) announced two weeks ago their intent to repeal and rewrite the definition of the Trump-era Navigable Waters Protection Rule (NWPR), which of course replaced the Obama-era Waters of the U.S. (WOTUS) rule. A review of the rule, requested by President Joe Biden, claims stakeholders are seeing destructive impacts to critical water bodies. Various farm groups …
Agriculture Ready to Defend WOTUS
Many in agriculture are ready to defend the Navigable Waters Protection Rule (NWPR) after the Environmental Protection Agency (EPA) recently announced their intent to repeal and rewrite it. This includes the U.S. Department of Agriculture (USDA). During a call with farm broadcasters last week, Deputy Agriculture Secretary Jewel Bronaugh said there is a lot to discuss with the Water of the U.S. …
EPA Announces Intent to Revise WOTUS Definition
The Environmental Protection Agency (EPA) announced this week their plans to repeal and rewrite the definition of Waters of the United States (WOTUS). They are looking to repeal the Trump-era Navigable Waters Protection Rule, which replaced the Obama-era WOTUS rule. A review of the rule, requested by President Joe Biden, claims stakeholders are seeing destructive impacts to critical water bodies. …
Lawmakers Rolled Out Spending Bills
(NAFB) — Senate appropriators rolled out agency spending bills, including one for USDA this week, hoping to avoid the need for more stop-gap funding when the temporary Fiscal Year 2021 money expires December 11th. The proposed Senate bill calls for over 23 billion dollars in USDA discretionary funding, a bit less than a House-passed version, but both increase or fully …
The Navigable Waters Protection Rule – A New Definition of WOTUS
At an event at the National Association of Home Builders International Builders’ Show in Las Vegas, Environmental Protection Agency (EPA) Administrator Andrew Wheeler and Assistant Secretary of the Army for Civil Works R.D. James will announce a new, clear definition for “waters of the United States.” With the Navigable Waters Protection Rule, the EPA and the Department of the Army …
EPA Finalizes Rule to Repeal WOTUS
(NAFB) — The Environmental Protection Agency Tuesday published the final rule repealing the Waters of the U.S. rule. The EPA and Army Corps of Engineers effort repeals and returns the law to provisions in place prior to 2015. The new rule will go into effect on December 23, 2019. However, legal challenges are expected from environmental groups. First announced in …
Shutdown Delays WOTUS Comment Period
The government shutdown is delaying a comment period for the Trump administration’s new Waters of the U.S. proposal. The Environmental Protection Agency and Army Corps of Engineers will delay publishing the proposed WOTUS replacement in the Federal Register until after funding is restored at EPA, according to Politico. The 60-day comment period won’t begin until the proposed rule is published …