Farm groups say the Biden Administration's replacement of the Trump Administration's interpretation of the Waters of the United States (WOTUS) rule gives the government more control over private property.
In late November, KIWA Radio reported that the Environmental Protection Agency, under President Joe Biden, was moving to finalize a change to remove the Navigable Waters Protection Rule. Specifically, the change would amend the definition of the "Waters of the United States" and re-establish the definition to before the 2015 definition of the Trump Administration's Navigable Waters Protection Rule. Farm groups, including the National Corn Growers Association (NCGA), have criticized the new interpretation, saying that the Trump-era water rule provided more clarity for farmers.
"We are extremely disappointed that this administration is taking us backward by removing a rule that has provided certainty for farmers who are working to feed and power America," NCGA President Chris Edgington said, according to KIWA Radio.
In June, the Biden Administration announced it would repeal the Trump-era rule. A federal judge in Arizona tossed the Trump rules in August and restored a standard from 1986, according to the Des Moines Register.
But not everyone agrees with how Biden is handling the issue.
Michigan Farm News criticized the Biden changes, saying that the Trump-era rule had corrected a "massive overreach," which had meant that "isolated ponds, puddles, and wet spots unconnected to navigable waters, and ditches and streambeds that are dry most of the year" were under the control of the EPA's regulations.
“Farmers need a rule that is clear, understandable, and doesn’t extend federal regulation into features on the landscape that should not be federally regulated as navigable waters,” Michigan Farm Bureau Senior Conservation & Regulatory Relations Specialist Laura Campbell said, according to Michigan Farm News.
Elected officials across the country have also offered their criticism of the rule change, including Nebraska Gov. Pete Ricketts (R). He claimed that by moving forward with the redefinition of WOTUS, the Biden Administration was seeking to expand its regulatory authority over the states and their water resources. Ricketts considers the rule "disrespectful" and "blatant federal overreach."
North Dakota Sen. Kevin Cramer (R) cited government overreach as his main concern, as reported by KX News. Cramer has introduced legislation to codify the Trump Administration's version of the rule. KX News also reported that North Dakota Agriculture Commissioner Doug Goehring expects the state to challenge the rule once it goes into effect.
West Virginia Sen. Shelley Moore Capito (R) is another lawmaker concerned about the WOTUS change. She said that landowners across the country should be concerned with regulatory uncertainty and a lack of transparency as a results of the new EPA rule.
According to the Federal Register, the new WOTUS rule was published by the EPA on Dec. 7. Currently, it is only a proposed rule and is not yet fully in effect. There is an open comment period until Feb. 7, 2022.
