The National Pork Producers Council applauded today's action by the Environmental Protection Agency, repealing the previous Waters of the United States rule and proceeding forth on a new final rule that works with farmers, not against.
The previous WOTUS rule was issued by the Obama administration in August 2015, giving EPA broad jurisdiction over U.S. waters to include other water bodies, upstream waters and intermittent and ephemeral streams that farmers use for drainage and irrigation. Most importantly, it also covered lands adjacent to waters such as farm fields. Prior to the 2015 rule, EPA's jurisdiction over waterways – based on several U.S. Supreme Court decisions – included “navigable” waters and waters with a significant hydrologic connection to navigable waters.
“We're pleased the EPA is moving towards a common sense WOTUS rule that works with—not against—farmers to protect our nation's waterways,” says NPPC president David Herring, a pork producer from Lillington, N.C. “The previous WOTUS rule was a dramatic government overreach and an unprecedented expansion of federal authority over private lands. Today's action will remove the threat that the 2015 WOTUS rule posed for our ability to efficiently grow the amount of food needed by people around the globe, while providing regulatory certainty to our farmers and businesses. We look forward to working with this administration to finally implement a new WOTUS rule.”
NPPC had opposed the 2015 WOTUS rule because it was overly broad and had significant technical flaws, including the process that EPA used to develop the rule, which violated basic due process and long-standing procedural protections. On Aug. 21, 2019, the United States District Court for the Southern District of Georgia remanded the rule to EPA to redraft, stating that the Obama-era WOTUS rule itself violated the Clean Water Act and that the Obama administration's procedures for enacting the WOTUS rule were clearly in violation of the Administrative Procedures Act.