Moving Towards Clarity on WOTUS

Farmers and ranchers are committed to stewarding the land and protecting the water we depend on. We know firsthand the importance of clean water: it’s essential to our livelihoods and instrumental in providing a safe and abundant food supply. That’s why clarity with water regulations is critical and why we’re glad to see the Environmental Protection Agency take the first step in providing a clear Waters of the United States rule.

Understanding Clean Water Act and WOTUS

Farmers have been caught in a regulatory tug of war around WOTUS for years. It seems that a new rule comes with every administration or changing of hands, leaving our farmers in a constant state of limbo trying to understand and comply with new guidelines.

Farm families shouldn’t be left guessing or needing a team of lawyers and consultants to help them know what is and what isn’t regulated on their land. Imagine planting a field, one you have worked for years, without knowing whether you risk facing a steep fine or even jail time, but that's been the reality for farmers for years.

Farmers are committed to doing the right thing and keeping our natural resources safe. But these unclear and constantly shifting rules have created unnecessary obstacles, threatened progress and added confusion to working the land many of us have stewarded for decades.

The Need for Clarity

In recent years, the WOTUS rule has only gotten muddier. The 2023 rule set vague guidelines to expand the EPA and the Army Corps of Engineer’s authority far beyond what Congress intended. These vague rules attempted to regulate areas that become wet only in response to precipitation, along with any feature that could be viewed as having a “significant nexus” or direct connection to WOTUS.

Only a few months after this rule was finalized, we saw a landmark victory with the Supreme Court’s unanimous decision in Sackett v. EPA to reign in the regulatory overreach of the "significant nexus” test. But in response to that court decision, the EPA and Corps still failed provide needed clarity. Instead, they reasserted vague and subjective standards, leading to even more permitting delays, litigation and uncertainty.

The Road Ahead

Farm Bureau has long advocated for consistent and fair guidelines that uphold the Clean Water Act without overextending federal authority. That’s why we were encouraged to see EPA listen to the concerns of farmers and take the first step this month towards crafting a straightforward WOTUS rule that provides farmers the certainty they need. This progress is a direct result of our Farm Bureau members stepping up and calling for clear rules. We now must remain engaged with the EPA, Army Corps and Congress to finally achieve new rules that reflect the realities of life on the farm and allow farmers to continue growing the food America’s families rely on.

The work on WOTUS still has a long way to go, but this is a step in the right direction, and Farm Bureau will press forward until clarity becomes a reality.