AFBF Calls for Clarity in WOTUS
USAgNet - 05/06/2025
The American Farm Bureau Federation today asked for changes to the "Waters of the United States" rule to bring it in line with the Sackett v. EPA Supreme Court ruling, which called for more clarity in water regulations. AFBF submitted comments in response
to the Environmental Protection Agency's request for recommendations.
"Considering drains, ditches, stock ponds, impoundments, irrigation ditches, and low spots in farm fields and pastures as jurisdictional 'waters' opens the door to regulation of ordinary farming activities that move dirt or apply products to the land on those lands,"
AFBF stated in its comments.
"Everyday activities such as plowing, planting, or fence building in or near ephemeral drainages, impoundments, ditches, or low spots could result in enforcement action triggering the (Clean Waters Act's) harsh civil and criminal penalties unless a permit was
obtained first. Bear in mind that permitting under CWA requires the investment of significant amounts of time and money. Most farmers and ranchers have neither of those in abundance."
Farm Bureau's recommendations include:
Creating a definition of the 'relatively permanent standard,' which guides agencies in determining whether a body of water falls under federal jurisdiction;
Regulating wetlands only when they are indistinguishable from and have a continuous surface connection to WOTUS waterways; and
AFBF President Zippy Duvall said, "America's farmers and ranchers are committed to doing the right thing by protecting the resources they've been entrusted with. We need clear regulations to reach those goals, however. The Supreme Court ruled that the
previous administration overstepped its authority with WOTUS.
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