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The Midwest Cattleman · August 19, 2021 · P12
      WHAT IS THE FUTURE                 farmers and ranchers clar- in  a way  that  doesn’t  go as  will  reimpose a vastly over-
      continued from page 10             ity.  If  EPA  was  seeking  the  far as the Obama rule went  broad interpretation of fed-
                                         middle ground, maybe they  which swept in largely iso- eral jurisdiction over waters
      anced, they were very, very  would try to pick out a few  lated areas. “It’s going to be a  around the nation.”
      one-sided,” Parrish says of  particular provisions and  very difficult balancing pro-                      Congressional        Western
      the announcement unveiling  try to amend it, he says. But  cess,” Liebesman explains.                   Caucus and Senate  West-
      the administration’s plan on  their approach so far has not             He expects at least a cou- ern Caucus Members, led by
      rolling back  Trump’s water  indicated that is the route  ple of years before any new  Chairman Dan Newhouse,
      rule. Instead of signaling  a  they look to take, he explains. proposed rule is issued,  R-Wash., Chairman Steve
      middle ground as EPA  Ad-                                             which must look at the eco- Daines, R-Mont., Rep. Mari-
      ministrator Michael Regan          Balancing act                      nomics, science and  new ra- annette Miller-Meeks, R-Io-
      had  suggested  during  con-          The Trump rule was based        tionale for changing NWPR.  wa, and Sen. Joni Ernst,
      firmation hearings, Parrish        basically on a hydrologic          “They may go through the  R-Iowa, wrote another letter
      says EPA officials signaled        connection of flow between         two-step process again or try  highlighting the impacts that
      in Hill briefings and with         a wetland and traditionally        to repeal the Trump rule and  returning to a drastic expan-
      those on Capitol Hill and in       navigable water and  not an        get that through first, before  sion of federal jurisdiction
      briefings to the  ag commu-        ecological connection, which       they actually come up with a  over non-navigable waters
      nity that the rule’s handling      was fundamental to the             replacement rule.”                will have on rural communi-
      of  prior  converted  croplands    Obama rule, explains Larry           Yager says NCBA oppos- ties across the United States.
      that were once wetlands and        Liebesman, a senior advisor        es any federal action that           “Confusion,       regulatory
      other specific ag provisions in    for  Dawson &  Associates, a       hinders producers’ ability to  uncertainty, and litigation
      the Navigable Waters Protec-       prominent consulting firm          make investments in their  have surrounded the scope of
      tion Rule were “problematic.”      that specializes in environ-       land and care for their cattle.  federal  authority  of our na-
      Other concerning expansions        mental permitting and au-          “Moving forward, NCBA will  tion’s navigable waterways
      that could be coming would         thored briefs on the Clean         continue  engaging  with  the  for decades. With your recent
      be a return to the Obama-          Water  Act  jurisdiction  over     Biden Administration,  Con- actions, the Biden admin-
      era approach of ephemeral          adjacent wetlands.                 gress and the Courts to pro- istration is trampling upon
      features and ditches or farm          The 2006 Rapanos court          tect cattle producers’ proper- this  progress  and  further
      ponds.                             opinion introduced the con-        ty rights.”                       jeopardizing  rural Ameri-
         Parrish says those in the       cept of significant nexus. Li-       Steen  states,  “We  call  on  cans’ confidence that this
      agriculture community be-          ebesman explains the Biden         EPA to keep the term  ‘nav- administration is working in
      lieved the NWPR protected          administration  is  going  to      igable’ in the Clean  Water  their best interest… Rural
      the environment and water          have to somehow address            Act and not return to flawed,  communities in the West and
      quality  while  also  providing    the significant nexus test but     overly complicated and ex- across the country are dedi-
                                                                            cessive regulation. In the  cated to clean water and do
                                                                            meantime, this decision will  not deserve to be  punished
                                                                            prevent disruption and allow  by far-reaching, burdensome
                                                                            farmers and ranchers to con- federal regulations,” they
                                                                            tinue operating with certain- note.
                                                                            ty of the law.”                      Miller-Meeks also intro-
                                                                            Congressional action              duced  legislation  with  the
                                                                              Top Republican leaders in       support of 114  members  of
                                                                            the House of Representatives      Congress      expressing      the
                                                                            joined  House Agriculture         sense of the House that clean
                                                                                                              water is a  national priority
                                                                            Committee Member David
              WEE                        COMPRESSION                        Rouzer, R-N.C., in outlining      and that the NWPR should
                                                                                                              not be withdrawn or vacated.
                                                                            their concerns regarding the
                                                                                                                 In June, Ernst joined Sen.
                  EARLY                     ANALGESIA                       Biden administration’s in-        Chuck Grassley, R-Iowa, and
              CASTRATION                                                    tention to undo the  Trump
             Tensioned Loop                                                 administration’s Navigable        Sen. Mike Braun, R-Ind.
              for Newborns                                                  Waters Protection Rule.           in introducing the Define
                                             SMART                            The members wrote, “With        WOTUS  Act, a bill to legis-
                                                                                                              latively define the “waters of
                                                   DELAYED                  all the other crises confront-    the United States.”
                                                                            ing our nation it makes little
                                                 CASTRATION                 sense to unravel a final rule     falls under  ‘Waters of the
                                                   Since 1991
                     PRO                                                    that has taken decades of         U.S.’ have ping-ponged back
                                                                            agency action, litigation, and
                                                                                                              and forth for years. Farmers
                       DELAYED                                              legislation to settle.”           and families need a reason-
                     CASTRATION                                               However, if the Biden ad-       able, practical definition for
                     Built-in Cutter                                        ministration chooses to con-      WOTUS, and that’s why Con-
                    Self-locking Loop                                       tinue with its plans to rede-     gress should do its job and
                                                                              WOTUS, the members              define the law,” Braun says.
                                                                            caution:  “We are concerned
                                                                            that the approach the agen-
                                                     Made In USA            cies intend to take in revis-
                                                                            ing this important regulation
                                                                            will regress from the clarity
        800-858-5974                            provided by the Navigable
                                                                            Waters Protection Rule and
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