The American Farm Bureau Federation is part of a coalition of 14 agricultural and industry groups, including the National Pork Producers Council and the National Cattlemen’s Beef Association, that have filed a lawsuit to vacate the controversial new rule redefining the scope of federal jurisdiction under the Clean Water Act. This news release from the group says the rule, known as Waters of the U.S., or WOTUS, is vague, overreaching and violates the U.S. Constitution.
EPA and the Corps first proposed the rule in March 2014, promising clarity and certainty to farmers, ranchers, builders and other affected businesses and landowners. “Instead we have a final rule that exceeds the agencies’ legal authority and fails to provide the clarity that was promised,” AFBF General Counsel Ellen Steen said. “AFBF filed this lawsuit to do everything we can to protect the interests of farmers and ranchers, but litigation is not a quick or perfect fix. It is long, cumbersome and expensive, and it leaves farmers and others facing immediate harm and uncertainty under this rule.”
While AFBF and others turn to the courts, a bill currently before the Senate, if passed, would require EPA and the Corps to abandon the rule and conduct a new rulemaking. “Lawsuit or no lawsuit, we need Congress to act,” AFBF President Bob Stallman said. “We need legislation that requires an honest rulemaking from EPA. EPA water regulations must protect water quality without bulldozing the rights of farmers and others whose livelihoods depend on their ability to work the land.”
According to the AFBF complaint, “the Agencies are determined to exert jurisdiction over a staggering range of dry land and water features—whether large or small, permanent, intermittent or ephemeral, flowing or stagnant, natural or manmade, interstate or intrastate.” The “opaque and unwieldy” rule “leaves the identification of jurisdictional waters so vague and uncertain that Plaintiffs and their members cannot determine whether and when the most basic activities undertaken on their land will subject them to drastic criminal and civil penalties under the (Clean Water Act).”
AFBF’s co-plaintiffs are the American Petroleum Institute, American Road and Transportation Builders, Leading Builders of America, National Alliance of Forest Owners, National Association of Home Builders, National Association of Manufacturers, National Cattlemen’s Beef Association, National Corn Growers Association, National Mining Association, National Pork Producers Council and Public Lands Council.