Search Site   
News Stories at a Glance
Diverse Corn Belt Project looks at agricultural diversification
Deere settles right-to-repair lawsuit for $99 million; judge still has to approve the deal
YEDA: From a kitchen table to a national movement
Insurer: Illinois farm collision claims reached 180 last year
Indiana to invest $1 billion to add jobs in ag, life sciences
Illinois farmer turned flood prone fields to his advantage with rice
1,702 students participate in Wilmington College judging contest
Despite heavy rain and snow in April drought conditions expanding
Indiana company uses AI to supply farmers with their own corn genetics
Crash Course Village, Montgomery County FB offer ag rescue training
Panel examines effects of Iran war at the farm gate
   
Archive
Search Archive  
   
Federal judge reverses 2020 U.S. water rule
By Doug Schmitz
Iowa Correspondent

PHOENIX, Ariz. – A federal judge for the U.S. District Court of Arizona  recently reversed the current Navigable Waters Protection Rule signed into law last year by President Donald Trump. The judge now will consider whether to fully restore the Obama-era water rule.
Judge Rosemary Márquez, an Obama appointee, charged that there was “the possibility of serious environmental harm if the Navigable Waters Protection Rule remains in place upon remand,” which means it could be sent back to lower courts for further action.
According to the U.S. Army Corps of Engineers, navigable waters of the United States in the Clean Water Act are those waters that are subject to the ebb and flow of the tide previously or presently used, or may be susceptible for use to transport interstate or foreign commerce.
The Clean Water Act is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical and biological integrity of the nation’s waters.
Moreover, the Clean Water Act provides discretion for the U.S. EPA and U.S. Army Corps of Engineers to define waters of the United States in regulations. Waters of the United States establishes the scope of federal jurisdiction under the act.
In 2015, the Obama administration finalized a rule that expanded the definition of the waters of the United States, creating what U.S. Sen. Roy Blunt (R-Mo.) called “confusion and burdensome red tape for farmers and ranchers, developers and property owners.”
In January 2017, Blunt called on the EPA and U.S. Army Corps of Engineers to abandon the 2015 rule, and introduced legislation to halt it. 
He said the Navigable Waters Protection Rule provided “much-needed predictability and certainty for farmers by establishing a clear and reasonable definition of what qualifies as a Water of the United States.”
However, on Aug. 4, the EPA and U.S. Army Corps of Engineers announced their intent to reverse the Navigable Waters Protection Rule. As a result, national farm groups expressed their growing concerns over sweeping changes the EPA and U.S. Army Corps of Engineers wanted to make to the Trump-era rule.
“Farmers and ranchers deserve consistency, and a rule that is fair and doesn’t require a team of attorneys to interpret,” said Zippy Duvall, American Farm Bureau Federation president.
Anne Coan, North Carolina Farm Bureau director of environmental affairs, said farmers strongly supported the Trump-era rule, “and are, frankly, angry that the EPA and the Corps plan to repeal it.”
Jim Kukowski, a Strathcona, Minn., soybean farmer, said farmers could financially suffer under the former 2015 rule. “I applied for a (Natural Resources Conservation Services) clarification of a wetland,” he said. “It was not (a wetland); it was previously drained. It was mismarked. It took over seven years for the (Natural Resources Conservation Services) to get this straightened out. The reason I was told (was) because the 2015 rule was not easy to follow.”
9/3/2021