THE HILL: Opinion: Clear Water Rule means relief for farmers, ranchers
In 2015 the Obama administration created a “waters of the U.S.” (WOTUS) rule that was so broad and vague that almost any spot where rainwater flows or pools might be tagged as a federally protected body of water. With the stroke of a pen, farmers and ranchers across the heartland suddenly did not know if state or federal law applied to their lands and what their compliance obligations would be. Like many of our stakeholders and constituents, we immediately saw the enormous consequences of this egregious regulatory overreach.
The Clean Water Act is a flagship statute—and like many laws, it works best when its requirements are clear. This law carries penalties north of $50,000 for any activity that puts any “pollutant”—including dirt—into any regulated water. It certainly seems fair to let the people who make a living on the land know where those regulated waters are, especially when civil and criminal penalties come into play. What’s more, by telling people where the federally regulated waters are, we give them the information they need to comply with the law.
That’s why we’re pleased that the new Clean Water Rule proposed last week by the Environmental Protection Agency and the Army Corps of Engineers will have a new hallmark: clean water and clear rules.
Based on what we see in the proposal, the new rule will do a better job of explaining which waters are regulated. It is broad enough to be very protective. It draws a clear enough line to provide fair notice. And it focuses mostly on things that look like water—not regulating land. No law or regulation is ever perfect, but we applaud the EPA and the Corps of Engineers for their diligence in putting forth a reasonable, common-sense proposal to protect our nation’s waters.
