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Organizations representing America’s farmers are calling for a recent Biden administration rule that would overturn a Trump-era measure on how America’s natural water resources are protected.
The groups argued that the regulation would increase uncertainty and create regulatory barriers for farmers. On Friday, the Environmental Protection Agency (EPA) finalized a rule change defining which “waters of the United States” are federally protected under the Clean Water Act.
EPA Administrator Michael Reagan said the rule change “will protect our nation’s water, strengthen economic opportunity and protect people’s health.” But critics of the act said it would increase federal scrutiny of how farmers and other landowners manage water sources on their property, such as creeks and streams, and create additional costs.
“AFBF is extremely disappointed in the EPA and Army Corps of Engineers’ new Waters of the United States Rule,” said Zippy Duvall, president of the American Farm Bureau Federation. “Farmers and ranchers share the goal of protecting the nation’s waterways, but a group of lawyers and consultants want laws that don’t identify the “navigation water” on their land.”
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Environmental Protection Agency Administrator Michael Reagan speaks in Greensboro, North Carolina, April 14.
(AP Photo/Caroline Castor)
“The EPA has doubled down on the old significant nexus test, creating more complex regulations and creating regulatory uncertainty for large areas of private farms located far from the nearest aquifer,” Duvall continued.
He added that the rule would jeopardize progress made in natural resource management and “make food security more difficult for farmers and ranchers” for American families.
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The battle over how to define protected water sources in the US has spanned nearly a decade. During the Obama administration, the EPA enacted legislation that broadly defined waterways in an effort to reduce water pollution. The Trump administration then changed the rule and highlighted which water sources — such as ponds, groundwater, many wells, farm and storage ponds and waste management systems — would not be considered as requiring federal protection.
The Biden administration has largely restored pre-Trump regulations.
Stock image of a farmer inspecting corn in his field.
(iStock)
“The EPA’s latest rule to define ‘waters of the United States’ is a statement of federal aggression that ignores states’ authority to regulate intrastate water quality and the statutory authority of the Clean Water Act,” Ted McKinney, president of the National Association of Departments of Agriculture, said in a statement.
“In contrast, although we recognize the EPA’s attempts to clarify the exemption list, the rule ignores the voices of nearly all of those in American agriculture who have long sought clarity on this issue, particularly when it comes to the debate over what is and isn’t tangible water.”
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The National Corn Growers Association (NGA) similarly argued that while its members and farmers are broadly supportive of protecting water sources, drainage and drainage areas away from relatively steady-flowing tributaries should not be subject to regulations.
“We are disappointed that the EPA has reached the final rule while the Supreme Court is about to rule on this issue,” NCGA President Tom Haag said in a statement to FOX Business. “The court’s decision could overturn key elements of the WOTUS Act and create more uncertainty for farmers.”
“As farmers, we are the ones who will feel the impact of this regulation,” he said. However, our opinion seems to have fallen on deaf ears.
The group also noted that the EPA decided to issue its decision ahead of a key Supreme Court case related to the issue.
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“The National Wheat Growers Association is deeply concerned that EPA and the US Army Corps rushed to issue this revised definition at the end of the year rather than wait for the Supreme Court’s decision in the Sackett case.” Chandler Goule, CEO of the National Wheat Growers Association, added.
“As we continue to review the final rule, since the rulemaking process was announced last year, NAWG has stressed that farmers need clarity about jurisdiction, understanding of important agricultural water features, and more long-term certainty from courts and administrations.”
Fox Business reporter Greg Wenner contributed to this report.
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