Page 16 - MWC 9-14-2023s

EPAS The Midwest Cattleman · September 14, 2023 · P16
continued from page 3
own version of the rules. Zippy Duvall, Farm Bu-
resume issuing approved ju- In December 2022, EPA re- reau president, mirrored
risdictional determinations vised WOTUS—ahead of the McKinney, saying the new
that were paused in light of Supreme Court's ruling—to WOTUS definition is another
the decision.” give federal protection to round of whiplash on grow-
Under the new rule, two large waterways, like inter- ers.
primary changes were made, state rivers and streams and “We’re pleased the vague
including: wetlands that are adjacent and confusing ‘significant
• Clarification that wet- to them. Many ag groups did nexus’ test has been eliminat-
lands protected under the not support these changes ed as the Supreme Court dic- tlemen’s Beef Association
Clean Water Act must have and shared their concerns tated. But EPA has ignored (NCBA), took a different
a continuous surface connec- in discussions, and in court. other clear concerns raised stance on EPA’s announce-
tion to navigable waterways Some, including Ted McKin- by the Justices, 26 states, ment. While she applauded
• Removal of the highly ney of the National Associ- and farmers across the coun- the EPA’s swift transition to
debated “significant nexus” ation of State Departments try about the rule’s failure a new rule, Hart says the as-
test, which was used to de- of Ag (NASDA), don't think to respect private property sociation will monitor chang-
termine whether there was EPA got the message. rights and the Clean Water es to ensure cattle producers
a connection between small “The ruling in Sackett v. Act,” Duvall said. are protected.
and large bodies of water EPA was a chance for EPA Mary-Thomas Hart, chief
What do these policy and the Army Corps to cor- counsel at National Cat- Drovers
changes mean? Private prop- rect a deeply flawed, prema-
erty is better protected from turely released rule and work
being taken by the govern- to truly improve water qual- MIXED RESPONSES TO WOTUS FINAL
ment, according to Rep. Glenn ity outcomes. It is baffling DEFINITION
Thompson (R-Pa.). But this that the revised rule does not
Environ-
the
Recently,
The National Association
isn't the first time WOTUS accurately address all the is- mental Protection Agency of Wheat Growers (NAWG)
rules have been modified. sues and questions raised by (EPA) and the Army Corps and American Farm Bureau
Is the new WOTUS the Supreme Court, nor does announced the final defini- issued statements express-
definition good for ag? it address many of the ques-
WOTUS rules have tions stakeholder groups tion of the Water of the Unit- ing their disappointment
evolved many times in the raised about the WOTUS ed States (WOTUS) rule. In with the decision:
past 50 years, with each ad- rule EPA released at the end response, NCBA releases the “While NAWG acknowl-
ministration crafting their of last year," McKinney said. following statement from edges that the EPA and
Chief Counsel Mary-Thomas Army Corps have taken
Hart: steps to address the aspects
“The entire cattle industry of the 2023 Waters of the US
www.powerflexfence.comww.powerflexfence.com breathed a sigh of relief when regulation that the Supreme
w
the Supreme Court curtailed Court’s Sackett decision ren-
the EPA’s overreach under dered invalid, we cannot help
the Clean Water Act. Today’s but express our unease with
revised WOTUS definition the outcome,” NAWG CEO,
is an important step to- Chandler Goule, said. “While
ward bringing the EPA more we recognize the intent to
in line with the Supreme bring more clarity to wheat
Court’s ruling. NCBA looks growers concerning waters
forward to working with the subject to Clean Water Act ju-
agency to protect farmers risdiction, we are concerned
P HDPE Water PipePE Water Pipe and ranchers from burden- about the repercussions for
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Plassion Quick Coupler Valveslassion Quick Coupler Valves some regulations and provide our members’ farming oper-
them with lasting certainty
on WOTUS.” continued on page 22

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