All nine justices agreed EPA鈥檚 鈥渟ignificant nexus鈥� test 鈥� the agency鈥檚 tool to assert more authority over private land 鈥� was an overreach.

The Alabama Farmers Federation and farm groups across the country have sought clear, concise water regulation for years. Rules set in 2015 and 2023 created vague boundaries allowing federal regulation over vast areas of land as 鈥渨ater.鈥�

鈥淲ith this ruling, the Supreme Court has vindicated what we and other groups have said for years 鈥� the Corps and EPA had clearly overstepped the authorities granted by Congress,鈥� said the Federation鈥檚 Mitt Walker, who manages national affairs for the state鈥檚 largest farm organization. 鈥淭he court has effectively nullified the 2023 WOTUS rule and ensured future rules are consistent with the intent of the Clean Water Act.鈥�

The 2023 rule officially remains on the books but is not enforceable by EPA and the Army Corps of Engineers. American Farm Bureau Federation (AFBF) litigation in Texas and North Dakota challenging the Clean Water Act will likely toss the rule, causing the Biden Administration to propose new, scaled-back regulations.

AFBF President Zippy Duvall welcomed the late-May decision.

鈥淭he justices respect private property rights,鈥� said Duvall, a Georgia farmer. 鈥淚t鈥檚 now time for the Biden Administration to do the same and rewrite the Waters of the United States Rule. Farmers and ranchers share the goal of protecting the resources they鈥檙e entrusted with, but they deserve a rule that provides clarity and doesn鈥檛 require a team of attorneys to properly care for their land.鈥�

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WOTUS appears in the federal Clean Water Act of 1972 and empowers the U.S. Environmental Protection Agency and the Army Corps of Engineers to protect the waters. The definition covered by WOTUS is not altogether clear. It mentions 鈥渘avigable鈥� and 鈥渋nterstate鈥� waters, and while the EPA and U.S. Army Corps say the rule was created using, 鈥渢he best available science, and extensive implementation experience stewarding the nation鈥檚 waters,鈥� the final rule comes prior to the Supreme Court weighing in on a Sackett v. EPA case surrounding WOTUS.

The rule will be final 60 days after publication in the Federal Register, which happened on Dec. 30, and a Jan. 19 webinar will be held on the rule. 

Here鈥檚 what agricultural organizations and constituents are saying about WOTUS:

The National Association of State Departments of Agriculture issued the following statement regarding WOTUS:

鈥淭he EPA鈥檚 latest rule on defining 鈥渨aters of the United States鈥� is a statement of federal overreach that ignores states鈥� authority to regulate intrastate water quality and the Clean Water Act鈥檚 statutory mandate for cooperative federalism. In turn, although we recognize EPA鈥檚 attempt at clarifying through a roster of exemptions, its rule ignores the voices of nearly all in American agriculture who have long been seeking clarity on this issue, especially regarding the debate over what is and is not a navigable water,鈥� NASDA CEO Ted McKinney said.

鈥淔armers are committed to being responsible stewards of the land and water that they use to grow food, and the effectiveness of WOTUS should be taken with the same seriousness,鈥� McKinney said.

American Farm Bureau Federation President Zippy Duvall commented on the EPA鈥檚 issuance of yet another Waters of the United States rule, replacing the Navigable Waters Protection Rule:

鈥淲e appreciate the agencies鈥� attempt to provide needed clarifications of the prior converted cropland exclusion and exemptions for irrigation ditches and stock ponds, but the overall rule is still unworkable for America鈥檚 farm families. The back and forth over water regulations threatens the progress made to responsibly manage natural resources and will make it more difficult for farmers and ranchers to ensure food security for families at home and abroad.鈥�

鈥淎FBF is extremely disappointed in the EPA and Army Corps of Engineers鈥� new Waters of the United States Rule. Farmers and ranchers share the goal of protecting the nation鈥檚 waterways, but they deserve rules that don鈥檛 require a team of attorneys and consultants to identify 鈥榥avigable waters鈥� on their land. EPA has doubled down on the old significant nexus test, creating more complicated regulations that will impose a quagmire of regulatory uncertainty on large areas of private farmland miles from the nearest navigable water.

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The final rule removes millions of miles of streams and roughly half the country鈥檚 wetlands from protection under the Clean Water Act, which requires industries to obtain permits to discharge pollution or fill in wetlands and imposes fines for oil spills. Politico reported that it is the largest rollback since the modern law was passed in 1972, going farther than reversing what the Obama administration attempted in its 2015 Waters of the U.S. rule.

According to the USDA, the agencies streamlined the definition, provided clear exclusions, and defined terms in the regulatory text that have never been defined. The administration says the rule clearly delineates where federal regulations apply and gives state and local authorities flexibility to determine how to manage their waters.

Kevin Ross, president of the National Corn Growers Association, said the rule 鈥済ives the flexibility and clarity needed to implement stewardship practices without the threat of government action. The final WOTUS rule will protect our nation鈥檚 water and be implemented without confusion, (which is) welcome news for farmers.鈥�

Sources: USDA, NCGA, Politico