AFBF - American Farm Bureau Federation

11/17/2025 | News release | Distributed by Public on 11/17/2025 16:50

New Proposed WOTUS Rule Takes Positive Step Toward Clarity

Courtney Briggs

Senior Director, Government Affairs

Chad Smith

Associate News Service Editor, NAFB

Farmers and ranchers have long called for more clarity on what counts as a 'water of the United States,' and they recently received good news. Mike Davis has the details.

Davis: The Environmental Protection Agency and the Army Corps of Engineers released a new rule Monday on the Waters of the U.S., or WOTUS, rule. Courtney Briggs, Senior Director of Government Affairs with the American Farm Bureau Federation, outlines some of the highlights.
Briggs: We applaud EPA and the Corps for drafting this rule making. There has been considerable confusion in the countryside over the definition of WOTUS. At first glance, this rulemaking looks to be a real positive step in the right direction.
Davis: Briggs says the rule currently in effect did not reflect a critical Supreme Court decision, released in the 2023 case Sackett v. EPA.
Briggs: The Sackett decision greatly narrowed the government's reach over private property. Unfortunately, during the last administration, the Sackett decision wasn't incorporated into that regulatory text, and we have long been advocating at AFBF for the agencies to come back and draft a rule that really respects that decision from the Supreme Court.
Davis: Briggs says the next step before the rule is finalized is the public comment period.
Briggs: I have no doubt that farmers and ranchers throughout the country will be engaged in commenting on this rule making. So we hope for finalization sometime next year, and we really do think that this rule making is going to inject a lot of clarity, a lot of certainty, not only for farmers, but the entire regulated community at large.
Davis: For more information, visit fb.org. Mike Davis, Washington.

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