EPA Secretary Zeldin Announces EPA to Revise WOTUS

In a significant move affecting farming and ranching communities, the U.S. Environmental Protection Agency (EPA) has announced plans to revise the definition of "Waters of the United States" (WOTUS) under the Clean Water Act. A press release from EPA Administrator Lee Zeldin states that the initiative aims to provide clearer guidelines for farmers and ranchers, ensuring both environmental protection and regulatory clarity.​

Background on WOTUS

The term "Waters of the United States" determines which water bodies fall under federal jurisdiction for environmental regulations. Over the years, its definition has been a subject of debate, leading to varying interpretations and numerous legal challenges. This ambiguity has often left landowners uncertain about which waters on their property are federally regulated.​

Recent Supreme Court Decision

The impetus for the EPAs current action stems from the U.S. Supreme Court's decision in Sackett v. Environmental Protection Agency (2023). In this landmark ruling, the Court clarified that only wetlands and permanent bodies of water with a "continuous surface connection" to traditional interstate navigable waters are covered by the Clean Water Act. This decision necessitated reevaluating the existing WOTUS definition to align with the Court's interpretation. ​

EPA's Response

On August 29, 2023, the EPA, in collaboration with the U.S. Army Corps of Engineers, issued a final rule amending the 2023 definition of WOTUS. This amendment aligns the regulatory text with the Supreme Court's decision, aiming to eliminate previous ambiguities. ​EPA Administrator Lee Zeldin emphasized the agency's commitment to providing clear and consistent rules that protect water resources while empowering stakeholders. He stated, "We want clean water for all Americans supported by clear and consistent rules for all states, farmers, and small businesses."

Implications for Farmers and Ranchers

For the agricultural sector, this revision is particularly significant. The previous WOTUS definitions often led to confusion and concerns about federal overreach into land use decisions. By narrowing the scope of federally regulated waters, the EPA aims to reduce the regulatory burden on farmers and ranchers, allowing them to manage their lands with greater autonomy while still adhering to essential environmental protections.

Zippy Duvall, President of the American Farm Bureau Federation, expressed optimism about the revision, highlighting the need for straightforward regulations that farmers can easily understand and implement. He remarked, "I'm a farmer and I need a rule that's on one page... if I have a question about a ravine on my farm, I can pick that one page up, read it, and interpret it myself."

Looking Ahead

The EPAs commitment to revising the WOTUS definition marks a pivotal step toward balancing environmental stewardship with the practical needs of the agricultural community. By aligning regulations with the Supreme Court's guidance, the agency seeks to foster a regulatory environment that is both protective of water resources and supportive of the nation's farmers and ranchers.​

As this process unfolds, stakeholders are encouraged to stay informed and participate in public comment opportunities to ensure that the final regulations reflect a broad spectrum of insights and concerns.​

Links

AP News article HERE

Reuters article HERE

EPA Page - WOTUS HERE