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NASDA asks EPA to suspend action on WOTUS rulemaking and speaks out on federal agencies’...
Story Date: 2/8/2022
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Source: PRESS RELEASE, 2/7/22
Today, the National Association of State Departments of Agriculture expressed significant
concerns with a proposed rule to revise the definition of the term “waters of the United States” under the Clean Water Act issued jointly by the Environmental Protection Agency and the U.S. Army Corps of Engineers.
“The Clean Water Act is built on the concept of cooperative federalism,” NASDA CEO Ted McKinney said. “The Navigational Waters Protection Rule respected limitations on federal jurisdiction, as well as the capabilities and responsibilities of states to regulate and promote water quality.”
In NASDA’s comments sent to EPA,
NASDA CEO Ted McKinney urged the EPA and the Corps to suspend further action on
this rulemaking until guidance from the Supreme Court is provided.
“Unfortunately, the proposed rule will return us to the ambiguity of past regulation as well as the federal overreach that ignored the role and expertise of state partners,” McKinney said. “This is unacceptable, and NASDA urges the EPA and the Corps to reconsider the clarity and the undeniably appropriate level of protection offered by the Navigable Waters Protection Rule and move to reinstate this regulatory structure through a process that will withstand procedural complaints in the courts.”
In addition to today’s comments, NASDA members, farmers, ranchers and the agriculture industry have repeatedly advocated for clarity and reasonableness in the regulatory definition of WOTUS.
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