WASHINGTON D.C. — Farmers across the nation are not backing down, choosing to take their fight to court in hopes of stopping the EPA’s Waters of the United States (WOTUS) rule before it goes into effect at the end of 2015.
Congress is also involved in the pushback, with the House voting to prohibit the EPA from enacting the rule, which opponents believe represents overreach of private property rights by the federal government. The Senate is asking that WOTUS be revised, in a measure that’s already made it out of committee.
Supporters of redoing WOTUS want removed from the rule isolated ponds, ditches, agriculture water, storm water, groundwater, floodwater, municipal water supply systems, wastewater management systems and streams without enough flow to carry pollutants to navigable waters.
They say it’s not reasonable to regulate those waters defined by WOTUS as tributaries when they’re usually dry and flow just briefly during or after rainstorms.
One of the goals of WOTUS, developed by the EPA and the U.S. Army Corps of Engineers, is protect waterways against contaminated storm water migrating from other water sources. But, groups including the American Farm Bureau Federation and the National Corn Growers Assoc. (NCGA) claim isolated ponds and groundwater, for example, don’t pose a threat because they’re not actual bodies of water directly connected to rivers, lakes and faster-moving streams WOTUS aims to protect.
More than half of states have joined the court battle, with additional claims that protection of the water and land is primarily the role of states as determined by Congress, and that many of the regulations outlined by WOTUS are handled already at local levels.
Another fear is that much of the wording contained in WOTUS is not specific enough and will be left up to interpretation, to prove costly to farmers and other landowners.
"Farmers need clarity and certainty about their responsibilities under the Clean Water Act. Unfortunately, the Waters of the United States rule does neither. Under the new rule, every farmer and rancher in America now has at least one WOTUS on their farm," said Chip Bowling, NCGA president.
"That puts too much power in the hands of the federal government and exposes farmers to considerable liabilities without actually doing anything to improve water quality."
Other groups joining the fight against WOTUS include the National Cattlemen’s Beef Assoc., National Pork Producers Council, the American Petroleum Institute and the National Assoc. of Manufacturers. Mike Deering, vice president of the Missouri Cattlemen’s Assoc., said WOTUS adds 80,000 stream miles in his state to federal jurisdiction.
"The agencies’ rule throws private property rights to the curb and clearly violates Supreme Court precedent by subjecting nearly all water to scientifically unfounded regulation," he said. "The intentional use of very broad and vague language in this rule makes clear that the government’s intent is to subject landowners to limitless regulation."
Indiana and Missouri were among the nearly 30 states to file legal action two days after the rule was published on June 29.
"Once again, the Environmental Protection Agency has stretched beyond its authority under federal law, and they must be held accountable. They cannot be allowed to continue to expand federal authority over more aspects of Hoosiers’ lives," said Indiana Gov. Mike Pence.
Indiana Farm Bureau for months has been helping lead the charge against WOTUS by holding public forums throughout the Hoosier State educating the public about its potential impacts.
"We’re pleased the state of Indiana agrees with us. Right now, it’s in the courts and that’s where it stands," said Andy Dietrick, a spokesman for the Indianapolis-based farm advocacy organization.
