Ag Organization Applauds Supreme Court Decision to Hear Clean Water Act Case

American Farm Bureau Federation (AFBF) President Zippy Duvall commented recently on the U.S. Supreme Court decision to hear Sackett v. Environmental Protection Agency, which challenges EPA’s overreach of its Clean Water Act jurisdiction.

“AFBF is pleased that the Supreme Court has agreed to take up the important issue of what constitutes ‘Waters of the U.S.’ (WOTUS) under the Clean Water Act. Farmers and ranchers share the goal of protecting the resources they’re entrusted with, but they shouldn’t need a team of lawyers to farm their land. We hope this case will bring more clarity to water regulations,” says Duvall. “In light of the Supreme Court’s decision, we call on EPA to push the pause button on its plan to write a new WOTUS rule until it has more guidance on which waters fall under federal jurisdiction. For the past 10 years, Farm Bureau has led the charge on elevating the issue of government overreach in water regulations. The goal is simple, clean water and clear rules.”

EDITOR’S TAKE:

The issue of how the EPA defines what constitutes a regulated water source has been on the radar screen for many years. During the Obama Administration, there was a very narrow definition that literally could have included small accumulations on a farm following a rain event. The Trump Administration attempted to clarify and restrict the definition to “navigable” waters. Enter the Biden Administration who is now recommending yet another rewrite of the definition. Farmers/ranchers are confused and not sure what rules apply. That is why it will be a significant ruling by the Supreme Court that will hopefully settle this ever-changing dispute once and for all. Farmers/ranchers, like most people, don’t like or appreciate uncertainty. It’s difficult to plan your business if the rules are unclear and changing with every new political agenda.