AMERICAN AG RADIO NETWORK: EPA Chief Says WOTUS Replacement Inspired by Justice Scalia
EPA Administrator Scott Pruitt told farm broadcasters gathered in Washington, D.C., on Tuesday that some important developments are on the way regarding the Waters of the U.S. rule. The U.S. Environmental Protection Agency and U.S. Army Corps of Engineers finalized a rule in June 2015 that significantly expanded the definition of “waters of the United States,” also known as “navigable waters,” under the Clean Water Act. Critics of the rule, like the American Farm Bureau Federation, say the EPA failed to listen to concerned farmers, ranchers and business owners around the country in crafting its new rule, vastly expanding EPA’s and the Corps’ regulatory authority beyond the limits approved by Congress and affirmed by the U.S. Supreme Court.
The AFBF and others say the 2015 rule granted the federal government regulatory control over virtually any waters – and many land areas that only temporarily hold water – assuming a scope of authority Congress never authorized. It effectively eliminated any constraints the term “navigable” previously imposed on the agencies’ Clean Water Act jurisdiction, and few, if any, waters would fall outside of federal control. The rule was challenged in court by dozens of state, municipal, industry and environmental organizations. It was blocked by the 6th Circuit Court of Appeals.
