Tag: dairy WOTUS

NMPF Statement on New WOTUS Rule

Posted on by Theresa Sweeney

From NMPF President and CEO Jim Mulhern:

“NMPF is disappointed that once again dairy farmers, who every day strive to be leaders in environmental stewardship, may need to live under a WOTUS rule that is cumbersome, unclear and overly complicated. Because the EPA’s most recent iteration fails to resolve what is now a 50-year struggle to define what constitutes a water body subject to federal regulation under the Clean Water Act, our members will face continued uncertainty as they attempt to comprehend and comply with unclear regulations.

“NMPF was pleased with the Navigable Waters Protection Rule (NWPR) and disappointed when it was revoked. NMPF is also disappointed that EPA failed to listen to numerous agriculture stakeholders that called on the agency to stay rulemaking on a new WOTUS rule until the Supreme Court ruled on the Sackett case, expected this spring.

“It’s important to note that EPA’s latest iteration is not a complete return to the unworkable rule adopted in 2015. EPA’s listed exemptions at least try to address some of agriculture’s concerns over lack of clarity. Even so, EPA is reintroducing considerable ambiguity in this version of the rule as it attempts to determine what is a “Water of the US” as seen in the treatment of ditches, ephemeral streams and groundwater, all of which were largely categorically out under the NWPR. NMPF fully anticipates continued litigation as a result of this rule.

“It’s now clear that four successive administrations of both political parties have been unable to resolve this matter in a way that satisfies the broad range of stakeholders and provides long-term regulatory certainty which is badly needed. Depending on the outcome of the Sackett case this spring, it may be time for Congress to step in in a bipartisan manner to provide clarity regarding which bodies of water are under the jurisdiction of the Clean Water Act.”

NMPF Asks EPA to Defer WOTUS Rewrite

Posted on by Theresa Sweeney

NMPF filed comments on the proposed definition of Waters of the U.S. (WOTUS) under the Clean Water Act on Feb. 7, urging the Environmental Protection Agency (EPA) to suspend its rewrite of the Waters of the U.S. (WOTUS) until the Supreme Court has a chance to consider a critical case under the Clean Water Act and to reconsider its stance on the Navigable Waters Protection Rule. NMPF also encouraged EPA to incorporate the recommendations put forth by the EPA Farm, Ranch, and Rural Communities Committee which included ensuring EPA compliance with the Clean Water Act and Supreme Court precedent limiting federal jurisdiction over bodies of water, developing a clear definition of WOTUS that is easily interpreted by farmers and ranchers, and protecting WOTUS exemptions for common agricultural features.

Along from submitting comments – the fifth set of comments on WOTUS NMPF has offered in the past decade – NMPF signed on to the American Farm Bureau Federation’s comments with several other agriculture organizations. It also released a member alert on the issue and highlighted agriculture’s strong concern for farmers having a critical voice in determining definitions.

The proposed rule “exercises the agencies’ discretionary authority to interpret ’Waters of the United States’ to mean the waters defined by the longstanding 1986 regulations, with amendments to certain parts of those rules to reflect the agencies’ interpretation of the statutory limits on the scope of the ‘waters of the United States’ and informed by Supreme Court case law.” The agencies believe a return to the pre-2015 definition will provide a known and familiar framework for co-regulators and stakeholders. The proposed rule comes after the Navigable Waters Protection Rule was ordered and vacated in the case of Pascua Tribe v. U.S. Environmental Protection Agency in August 2021.

NMPF has been active in developing several WOTUS rules, meeting with EPA on numerous occasions to emphasize the need for certainty and clarity in water regulations for dairy farmers through a lasting rule that complies with the law.