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Shining Light on Farm & Food Policy for 20 Years.
Saturday, March 29, 2025
The latest in a long line of rules addressing the meaning of “waters of the U.S.” should help farm producers understand which areas of their land may be subject to federal regulation, EPA's top water official said on Agri-Pulse Newsmakers.
Fresh from visiting members of the House and Senate Ag Committee and their staffs, former House Ag Committee Chairman Collin Peterson says everyone seems to be working very well together, drafting each title, working through the issues “and that’s a good thing. The non-controversial stuff is well in hand.”
The EPA and Army Corps of Engineers’ revisions to their March “waters of the U.S.” rule, which narrowed the scope of the rule based on the Supreme Court’s Sackett decision, were greeted with resignation and protest Tuesday.
EPA and the Army Corps of Engineers are scrapping the “significant nexus” standard to determine when waters or wetlands are covered by the Clean Water Act, as well as their definition of “adjacent wetlands,” to comply with the Supreme Court’s decision in Sackett v. EPA.
In this opinion piece, Ted McKinney with the National Association of State Departments of Agriculture discusses why the federal government should comply with the Supreme Court’s guidance in the Sackettdecision as it releases its updated WOTUS rule.
Farm groups are among the dozens of industry trade associations expressing concern that the Environmental Protection Agency will try to retain broad authority to regulate discharges into non-navigable waters despite the Supreme Court’s ruling in Sackett.
The Biden administration plans to incorporate a recent Supreme Court decision into its existing Waters of the U.S. rulemaking rather than withdraw the rule in its entirety.
The Supreme Court’s Clean Water Act decision to limit the federal government’s jurisdiction over “adjacent” wetlands prompted warnings that millions of acres of wetlands could be at risk, but also generated cheers from farm groups that have fought the interpretation of the 50-year-old law for decades.
