Imagine being a farmer and not knowing whether you can plow part of your land out of fear that federal bureaucrats will decide you would be violating the Clean Water Act. For farmer John Duarte, this was his reality. The U.S. Army Corps of Engineers, claiming Duarte’s plowing created furrows that were mini-uplands and “small […]
The 2015 WOTUS rule attempted to clarify which wetlands and waterways are covered by the Clean Water Act. For farmers and ranchers, however, the 2015 rule provided no clarity or certainty. Instead, through vague and overly broad definitions of terms such as “tributary,” “adjacent” and “significant nexus,” the 2015 rule made it extremely difficult for […]
Republican Senator Joni Ernst of Iowa this week is partnering with Democratic Senator Heidi Heitkamp of North Dakota on two pieces of legislation. One bill would give the U.S. Small Business Administration’s watch-dog agency more authority to force federal officials to assess and acknowledge the financial impact proposed regulations have on small businesses. “Right now […]
A “waters of the United States” rule that is clear, feasible and maintains existing exemptions for everyday farming activities: That’s what agricultural stakeholders sought during a teleconference with federal officials, as agencies seek to develop a new WOTUS rule. “Many agricultural interests that took part in the call expressed concern about the lack of consistency […]
Environmental Protection Agency Administrator Scott Pruitt is in Nebraska to discuss with state officials on the decision to rescind the 2015 “Waters of the United States” rule. This ruling allowed the federal government to regulate and oversee all water found on property period. Pruitt says this never should have happened. Pruitt says, “It is all […]
[Pruitt] I’ve been on a 25-state tour over the last two to three months with respect to the Waters of the United States rule. We’re withdrawing that rule. We’re getting that right. As we’ve gone through that process, I was in Utah with Gov. [Gary] Herbert talking about issues there, the second driest state in […]
[Pruitt] The question, at first instance, is the Clean Water Act gives the EPA authority to regulate waters of the U.S., so we have to determine what Congress, the case law, the legislative history, what did they mean when they put that term in the Clean Water Act? We can’t just simply make it so […]
Pruitt is in Mississippi meeting with the governor along with other state agencies to talk about the new regulations which are providing more breathing room for the Mississippi economy. The primary purpose of Pruitt’s visit is to engage with people who have an interest in the definition of “Waters of the United States” WOTUS as […]
State Attorney’s General are weighing in on the Waters of the U.S. Rule, as EPA and the Corp of Engineers begins the process of rewriting the language. South Dakota Attorney General Marty Jackley says EPA Administrator Scott Pruitt was one of the original AG’s that helped block WOTUS and so he’s hopeful that will result […]
A big part of upholding the rule of law in any area is staying on top of actions from unelected agency leaders who have a lot of power to wreak havoc with regulations. The Waters of the U.S. (WOTUS) rule from the Obama Administration is a prime example of a regulation that badly over-reached. After […]