CAPITAL PRESS: NCBA: Cattle industry makes progress on environmental policy

Work remains to finalize the repeal of the waters of the U.S. rule — called WOTUS — expanding EPA and Army Corps of Engineers jurisdiction under the Clean Water Act. The rule had been suspended while the agencies worked to replace it, and two federal courts blocked implementation in 24 states.

But a “zombie” WOTUS came back with a South Carolina court deciding the administration failed to comply with rulemaking requirements in suspending the rule — making it law in the 26 states not protected by an injunction, he said.

If approved by Congress, language in a House appropriations bill and the House version of the farm bill would repeal it. If not, the administration is in the process of repealing and replacing it, he said.

“We need a narrow definition closer to traditional navigable waters. We want a rule that’s understandable so producers can go out on their property and know” where the rule applies, he said.

NCBA is fighting WOTUS in courts, in the agencies and in Congress. And a broad swath of industry has banned together in a litigation coalition, he said.

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Photo Credit: Carol Ryan Dumas/Capital Press Scott Yager, chief environmental counsel for National Cattlemen’s