Posted April 22, 2014
Yesterday, the Environmental Protection Agency and the U.S. Army Corp of Engineers published their proposed definition for waters of the U.S. protected under the Clean Water Act (CWA), triggering the 90 day comment period, according to an article by Agri-Pulse available here.
Some were critical of the proposal when it was released last month. American Farm Bureau Federation (AFBF) President Bob Stallman said the proposal “poses a serious threat to farmers, ranchers and other landowners.”
EPA Administrator Gina McCarthy said that the current exemptions for CWA permits for “normal farming, ranching and agricultural practices” are kept intact in the proposal. McCarthy said, “If a farmer was not legally required to have a permit before, this rule does not change that status.”
EPA recently took action to explain that purpose of the proposed definition is to reduce the confusion and complexity over where the CWA applies following U.S. Supreme Court decisions, Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 (2001) and Rapanos v. United States, 547 U.S. 715 (2006).
McCarthy explained that the proposed rule does not broaden the reach of the EPA, saying “Our proposed rule will not add to or expand the scope of the Clean Water Act. It will not regulate groundwater or tile drainage systems; and it will not increase regulation of ditches (whether they are irrigation or drainage).”
Additional information on the proposed rule is available here. For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
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