By MEGGIE I. FOSTER
Assistant Editor WASHINGTON, D.C. — In new guidelines released by the U.S. Environmental Protection Agency (EPA) last week, the federal government may soon have regulatory authority over ditch water, streams and farm ponds, despite outright concern and opposition from 170 members of Congress.
According to the National Cattlemen’s Beef Assoc. (NCBA) and the National Corn Growers’ Assoc. (NCGA), the EPA is far overstepping its administrative authority by drafting this “vague” framework filed under the Clean Water Act (CWA). “The proposed guidelines are worrisome to our farmers as federal agencies could have the authority to regulate ditches and ponds,” said NCGA President Bart Schott, a grain farmer from Kulm, N.D. said. “The announced guidelines have the potential to expand federal jurisdiction in a way that could lead to additional permitting requirements and make farmers more vulnerable to citizen action lawsuits.”
According to the EPA and the Army Corps of Engineers (Corps), agencies responsible for drafting the guidance, the rules were developed to clarify the scope of protections under the law following two complex Supreme Court decisions over the past decade. Of specific concern to NCGA and NCBA is an update of the nation’s water policies that according to the EPA would “protect waters that many communities depend upon for drinking, swimming, and fishing, and provide clearer, more predictable guidelines for determining which water bodies are protected from pollution under the Clean Water Act.”
“As our nation’s foremost conservationists, farmers, ranchers and forest owners have a values system rooted in rural America that recognizes we cannot continue to take from the land without giving something back,” said U.S. Secretary of Agriculture Tom Vilsack. “The draft Clean Water Act guidance released today (April 27) reflects USDA’s work with our federal partners by maintaining existing exemptions for ongoing agricultural and forestry activities, thereby providing farmers, ranchers and forest landowners with certainty that current agricultural and forestry activities can continue.”
While Vilsack indicated that the guidance reflected “work with federal partners,” the NCBA contend that the EPA and Corps have attempted to make an end run around two Supreme Court decisions that limited their authority under the Clean Water Act.
“Through vague definitions and broad interpretations laid out in this draft guidance, EPA and the Corps have once again shown little regard for the practical implications of their actions or Congress’ intentions under the CWA,” said NCBA Deputy Environmental Counsel Ashley Lyon. “Despite a letter from 170 members of Congress opposing the guidance, EPA and the Corps have crowned themselves kings of every drop of water in the country – except maybe a backyard swimming pool.”
The draft guidance offers a broad interpretation of the Supreme Court’s “significant nexus” test for determining regulatory jurisdiction over wetlands by expanding this test in a way that would allow jurisdiction over all types of waters, according to the NCBA.
While the guidance maintains existing exemptions for normal farming and ranching activities, many farm groups remain concerned of the potential regulatory impact of the new proposal.
“This is a direct hit on the private property rights of farmers and ranchers across this country,” said Lyon. “We will fight hard against this administration’s continuing efforts to curtail the private property rights of farmers and ranchers by regulating them to the brink of bankruptcy.”
Although the proposed guidelines do not have the full force and effect of law yet, regulatory decisions could still have an impact. NCGA joined with several other agriculture and environmental groups in request that the EPA and Army Corps of Engineers initiate a formal rulemaking process on this matter to ensure transparency and public participation.
“Corn growers are dependent on clean water for our livelihood and for our homes, and we are committed to conservation practices that protect our nation’s streams and rivers,” Schott said. “Since the guidelines are still in draft form, we hope to have the opportunity to provide feedback to the Agency and the Corps about our concerns and find common solutions.”
As soon as the draft guidance is published in the Federal Register, a 60-day comment period will begin; and formally the NCBA and NCGA both intend to submit comments in opposition of the rule.
To read the proposed Clean Water Act framework visit www.whitehouse.gov/administration/eop/ceq/initiatives/ clean-water |
