Posted April 22, 2014
Yesterday, the Environmental Protection Agency and the
U.S. Army Corp of Engineers published
their proposed definition for waters of the U.S. protected under the Clean Water
Act (CWA), triggering the 90 day comment period, according to an article by
Agri-Pulse available here.
Some were critical of the proposal when it was released
last month. American Farm Bureau
Federation (AFBF) President Bob Stallman said the proposal “poses a serious
threat to farmers, ranchers and other landowners.”
EPA Administrator Gina McCarthy said that the current
exemptions for CWA permits for “normal farming, ranching and agricultural
practices” are kept intact in the proposal.
McCarthy said, “If a farmer was not legally required to have a permit
before, this rule does not change that status.”
EPA
recently took action to explain that purpose of the proposed definition is
to reduce the confusion and complexity over where the CWA applies following
U.S. Supreme Court decisions, Solid Waste
Agency of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S.
159 (2001) and Rapanos v. United States,
547 U.S. 715 (2006).
McCarthy explained that the proposed rule does not
broaden the reach of the EPA, saying “Our proposed rule will not add to or
expand the scope of the Clean Water Act.
It will not regulate groundwater or tile drainage systems; and it will
not increase regulation of ditches (whether they are irrigation or drainage).”
Additional information on the proposed rule is
available here. For more information on the Clean Water Act,
please visit the National Agricultural Law Center’s website here.
