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AFBF, INFB hope for a clearer, more consistent WOTUS rule

Nov 4, 2019, 10:03 AM by Kathleen M. Dutro, Marketing Team

 

After years of uncertainty, the 2015 Waters of the U.S. rule has been repealed, representing a big win for farmers and ranchers, according to Farm Bureau.

Until a new WOTUS definition is enacted, farmers and other landowners will be subject to the rules that predated the 2015 rule.

EPA Administrator Andrew Wheeler and R.D. James, assistant secretary of the Army for civil works, announced the repeal on Sept. 12.

“Today’s Step 1 action fulfills a key promise of President Trump and sets the stage for Step 2 – a new WOTUS definition that will provide greater regulatory certainty for farmers, landowners, home builders and developers nationwide,” Wheeler said.

“What it means is we revert back to the rules that existed before 2015,” said Don Parrish, American Farm Bureau Federation senior director of regulatory relations. “The next step is to develop a rule that provides clarity and really draws a line on the landscape,” defining which waters need to be regulated by the federal government and which should be regulated by the states, he explained.

“We’re expecting clearer definitions and something that is more consistent with the wishes of Congress,” said Bob White, Indiana Farm Bureau’s national government relations director.

“No regulation is perfect, and no rule can accommodate every concern, but the 2015 rule was especially egregious,” said AFBF President Zippy Duvall. “We are relieved to put it behind us. We are now working to ensure a fair and reasonable substitute that protects our water and our ability to work and care for the land.”

Indiana, along with 26 other states, had already reverted to the pre-2015 definitions as a result of a court ruling blocking implementation of the controversial rule, which would have expanded federal control by categorically classifying most water features and even dry land as “waters of the United States.”

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