Ranchers may be seeing some regulatory relief as the government reworks water rules that have posed challenges in the past.
The Environmental Protection Agency (EPA) announced its intent to revise the “waters of the United States” (WOTUS) definition to better align it with the Supreme Court’s ruling in Sackett v. EPA.
Working alongside the U.S. Army Corps of Engineers, EPA Administrator Lee Zeldin said the agencies plan to work quickly to revise the definition to follow the law, reduce red tape, cut permitting costs and lower the cost of doing business.
“Given the U.S. Supreme Court’s watershed decision in Sackett v. Environmental Protection Agency, it is time for EPA to finally address this issue once and for all in a way that provides American farmers, landowners, businesses, and states with clear and simplified direction,” the agency said in a news release.
WOTUS guides the implementation of the Clean Water Act and determines whether permits must be secured before pursuing a project. In Sackett v. EPA, the Supreme Court narrowed the definition of WOTUS and limited federal protection to waters that are relatively permanent, standing or continuously flowing bodies of water forming streams, oceans, rivers and lakes. The ruling also determined that wetlands are covered under WOTUS only when they have a continuous surface connection to waters that are WOTUS in their own right.
EPA said in its announcement that the agency has failed to implement the Supreme Court’s holding in Sackett, and it’s critical that Americans know which waters are subject to federal jurisdiction under the Clean Water Act.
The agency plans to begin its revision process by obtaining stakeholder input and identifying information on key challenges. EPA will undertake a rulemaking process to revise the WOTUS definition, and in the meantime, will provide guidance to states implementing the pre-2015 definition to ensure consistency.
The agency said it plans to emphasize clarity, simplicity and improvements that will stand the test of time.
“USDA supports EPA’s revisions to WOTUS that provide certainty and recognize the key role that agriculture plays in protecting our natural resources,” said USDA Secretary Brooke Rollins. “We’ll keep pushing for policies that let producers focus on what they do best—feeding, fueling and clothing our nation.”
Industry expresses support
The National Cattlemen’s Beef Association (NCBA) hailed the EPA’s news. “Today’s guidance is an important step toward refocusing the Clean Water Act to its original purpose,” said NCBA Chief Counsel Mary-Thomas Hart. “NCBA thanks EPA Administrator Zeldin for his work to finally close a decades-long chapter of severe regulatory whiplash.”
The American Farm Bureau Federation said it appreciated the EPA taking a step toward providing clarity on WOTUS compliance.
“The foundation (Zeldin) laid today is the first step toward creating clear WOTUS implementation guidelines, which will help farmers protect the environment while ensuring they can grow the food America’s families rely on,” said AFBF President Zippy Duvall.
Congressional Western Caucus Chairman Doug LaMalfa (CA-01) expressed support for the announcement, calling the Biden-era rule “onerous.” LaMalfa said revising the rule will ensure WOTUS regulations more closely follow the guidance of the Sackett Supreme Court decision.
“The EPA weaponized WOTUS, directing the Army Corps to target basic land management actions, like a farmer plowing a furrow, and absurdly claimed them to be ‘mini mountain ranges’ that altered U.S. waterways,” LaMalfa said. “As a farmer myself, I’m elated for the clarity, reasonableness and fairness that the revised WOTUS rule will bring.”
Environmental groups were not as quick to express support for the announcement. “After decades of misinformation and campaigning, corporate polluters won big when Sackett v. EPA gutted clean water protections for most wetlands and millions of miles of streams,” said Julian Gonzalez, Earthjustice senior legislative counsel. “Now, the Trump administration wants to strip even more protections, while slashing the EPA’s budget by 65%, leaving fewer enforcers to hold polluters accountable.”
More deregulation on its way
In addition to announcing plans to revise WOTUS, EPA also shared its intent to undertake 31 deregulatory actions. The agency said the actions will unleash American energy, reduce the cost of living, revitalize the American auto industry, restore the rule of law and return power back to states to make their own decisions.
“Today is the greatest day of deregulation our nation has seen,” Zeldin said. “We are driving a dagger straight into the heart of the climate change religion to drive down cost of living for American families, unleash American energy, bring auto jobs back to the U.S. and more.”
The agency said the actions will “roll back trillions” in regulatory costs and hidden taxes.
Some examples include:
• Reconsideration of the mandatory Greenhouse Gas Reporting Program.
• Reconsideration of light-duty, medium-duty and heavy-duty vehicle regulations under electric vehicle mandates.
• Overhauling the Biden administration’s “social cost of carbon.”
• Terminating the environmental justice and diversity, equity and inclusion (DEI) arms of EPA.
• Reconstituting the Science Advisory Board and Clean Air Scientific Advisory Committee. — Anna Miller, WLJ managing editor
