House Votes to Kill WOTUS


Posted May 15, 2015

The House approved by a 261-155 vote H.R. 1732, the Regulatory Integrity Protection Act, to withdraw the proposed "waters of the United States" rule, according to a Farm Futures article available here. Agri-Pulse also published an article available here and Feedstuffs here.

Several agriculture groups including the National Cattlemen’s Beef Association and American Farm Bureau Federation (AFBF) supported the House vote.

Agriculture groups have been concerned about the EPA and Army Corps of Engineers' proposal, because it could lead to additional water regulations, making it difficult to continue farming and ranching effectively. Others are concerned that the proposal may infringe on private landowners' rights.

The legislation requires EPA and the Army Corps of Engineers not only halt moving forward on the currently proposed rule, but also begin working with states and local stakeholders to develop a new and proper set of recommendations. One of the biggest complaints has been a lack of coordinated effort with state and local authorities and the federal overexpansion of jurisdiction from rights previously held at the lower levels, according to Feedstuffs.

“It was refreshing to see members of Congress order regulators back to the drawing board, with an admonition to listen to the very real concerns of people who would have their farm fields and ditches regulated in the same manner as navigable streams,” said Bob Stallman, president of the AFBF.

The rule is supposed to clarify what streams, ponds, wetlands, ditches and other features are regulated under the law as “waters of the United States” (WOTUS), according to Agri-Pulse.

Administration officials said they've revised the definitions in the proposed rule to address an array of concerns expressed by farm groups and other interests. However, Republicans argued that if the rule's changes were significant enough to satisfy opponents, the administration would have proposed an entirely new version. 

"This is a taking of private property," said Rep. Garrett Graves, R-La. "It's people's homes. It's people's farms, it's people's small businesses." 

Rep. Donna Edwards, D-Md., said Republicans were trying to stop the EPA and Army Corps of Engineers “from doing their jobs. … No new rules and no clean water, what a shame.”

For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.