AFBF Asks for Clarity in Revised Waters of the U.S. Rule

Smith: The American Farm Bureau Federation is asking the Environmental Protection Agency for changes to the Waters of the U.S. Rule. David Schilling, AFBF public policy counsel, says the group wants the rule brought in line with the Sackett v. EPA Supreme Court ruling.

Schilling: The problem is that under the current definition, everyday activities on the farm, whether it's plowing, planting, fence building, and so on, could trigger enforcement by the federal government under the Clean Water Act. Farmers really need to focus on farming, not seeking permits just to accomplish the core tasks that make their work possible.

Smith: He says the current rule does not follow the precedent set forth in Sackett, which is clear about the boundaries of regulating the nation's waterways.

Schilling: By not following, what seemed to us, to be very clear legal guardrails in that case and other precedent, the current EPA rule imposes regulations that are inconsistent with the law and burdensome to our farming communities. Specifically, we're seeking a clear definition that allows for identification of which waters are relatively permanent and connected to traditional interstate navigable waterways, and thus appropriate for federal jurisdiction.

Smith: Schilling says the EPA is going to conduct listening session with various stakeholders, including farmers and ranchers, to see what changes need to be made.

Schilling: Next, we anticipate EPA will issue a proposed rule that takes into account what the agency learned in those listening sessions, and then American Farm Bureau Federation and other interested parties will provide comments on that proposed rule to guide EPA in making any needed changes. And then finally, EPA will presumably issue a final rule.

Smith: Learn more at fb.org/WOTUS. Chad Smith, Washington.