Page 14 - MWC 3-30-2023s

WHO DEFINES WOTUS zation to be that direct in The Midwest Cattleman · March 30, 2023 · P14
continued from page 12 state-mandated oversight
in streams. Because of that The House has already passed its WOTUS rule resolution and it’s up for a Senate
vote. The White House has pledged a veto of the measure, should it reach President
could remove protections rarity, we, at NASDA, believe Joe Biden’s desk. (FJ)
that were built into the rule. it’s an overreach that’s polit-
EPA's Latest WOTUS ical in nature—it isn’t right,”
McKinney says.
Update While some can see merit
The EPA published its in a lawsuit and repeal, Fox
final definition of WOTUS says there are repercussions
on Dec. 30, which gives fed- that need to be considered.
eral protection to large wa-
terways, such as interstate WOTUS Repeal
rivers and streams, and adja- Repercussions
cent wetlands. If the repeal effort is suc-
“The EPA’s new rule dou- cessful, Fox warned it would
bles down on the significant put the pre-2015 definition
nexus test, which is this un- of WOTUS back into effect
workable test for jurisdiction without some of the updates
of when the federal govern- the Biden administration in-
ment regulates farms and cluded in its latest definition.
ranches,” says Travis Cush- Fox said it would remove
man, Farm Bureau’s deputy the “significant nexus stan-
general counsel. dard” and would remove ex-
The Supreme Court is eval- emptions for artificial ponds rule resolution and it’s up regulation.
uating a decision on another for previously converted for a Senate vote. The White Of course, the Biden ad-
WOTUS case that could sig- cropland. House has pledged a veto of ministration will want to find
nificantly impact WOTUS The CRA effort also would the measure, should it reach arguments to keep Members
rulemaking, which is set to bar EPA from pursuing fu- President Joe Biden’s desk. from voting for the resolution
be ruled on later this year. ture regs that are substan- The final say on this mat- but, really, all the adminis-
So, why did EPA move for- tially similar to the one that ter will rest with the Su- tration is saying is the reg-
ward with the rule change would be removed by the ac- preme Court, whose decision ulation would no longer be
now? Ted McKinney, Nation- tion. is awaited. in place. The administration
al Association of State De- Supreme Court Tees Up What You Might Not Know fears it could pass and the
partments of Ag (NASDA) on WOTUS CRA's language against president would need to veto
CEO, says his team has their The House has already the regulation is prescribed another bipartisan bill.
own theory. passed (227-198) its WOTUS and brief. It essentially says Drovers
“It’s rare for an organi- Congress disapproves the

WHAT BODIES OF WATER ARE CONSIDERED WOTUS?
By Jim Wiesemeyer
The EPA’s new definition of most expect to implement it. Waters of the United States" has emphasized that the
Waters of the U.S. (WOTUS) WOTUS Background rule. Under the proposed proposed rule is grounded
took effect Monday, March 20. Biden’s EPA action would rule, the following bodies of in science and aims to pro-
It was a key topic Wednesday replace the Trump-era water would be considered tect public health, support
when EPA Administrator Mi- WOTUS rule with a new reg- WOTUS and therefore sub- communities and economies,
chael Regan appeared before ulation that would expand ject to federal regulation: and address climate change.
the Senate Environment and federal protections for cer- Traditional navigable wa- However, the rule is likely
Public Works Committee. tain bodies of water. ters to face legal challenges from
Naysayers to the Biden • Tributaries that contrib- industry groups and some
The proposed rule was
WOTUS approach should published in the Federal Reg- ute perennial or intermittent states and as noted, the real
take heart because as usual, ister on Sept. 3, 2021, and is flow to such waters “clarity” will come by June
• Certain ditches that via the Supreme Court rul-
EPA will take longer than known as the "Definition of meet specific criteria related ing.
12th Annual Spring Highland to flow and function Things to Consider in the
• Certain lakes and ponds
WOTUS Rule
Cattle Auction wise jurisdictional waters lowing congressional efforts
• Impoundments of other-
Don’t waste your time fol-
• Wetlands that are adja-
Saturday, May 6, 2023 • 10 AM cent to jurisdictional waters to overturn the WOTUS rule
under the Congressional Re-
The proposed rule also
Springfield Livestock Marketing Center, Interstate 44 Exit 70 seeks to provide more clari- view Act (CRA).
Even though it passed
Largest running auction for over 10 years!! ty around which waters are the House, and even should
not considered WOTUS and
Selling Registered, Unregistered and Crossbred DVAuctions therefore not subject to fed- it clear the Senate (by no
Highlands Bulls, Cows, Heifers, Cow/Calf Pairs eral regulation. For example, means a certainty), Presi-
www.heartlandhighlandcattleassociation.org online the rule would exclude cer- dent Joe Biden has already
bidding
For more information: available tain types of ditches, ephem- said he would veto it and the
www.highlandauction.com eral streams that only flow votes to override are lacking.
417.345.0575 • text 417.733.3201 in response to precipitation,
heartlandhighlandcattle@gmail.com and groundwater.
The Biden administration
Highland Cattle Registry
Heartland Highland Cattle
Association & Registry
Open Registry for Foundation Highlands
For more info and a free information packet
417.345.0575 or text 417.733.3201
heartlandhighlandcattle@gmail.com
hhcaregistry@gmail.com