The Environmental Protection Agency (EPA), in conjunction with the U.S. Army Corps of Engineers, is continuing to pursue a new rule first proposed in the spring of 2014. Under this clean water proposal, the EPA seeks to provide additional clarification as to the definition of “Waters of the U.S.” under the Clean Water Act. The EPA contends that this clean water proposal rule is necessary to clarify the jurisdiction of the EPA and Corps of Engineers respectively in light of Supreme Court decisions in 2001 and 2006.
Opponents of the clean water proposal rule claim it will operate to vastly expand the jurisdiction of the EPA by bringing additional waters under its jurisdiction, including raising the costs of ensuring compliance with new regulatory requirements. Of primary concern for agricultural producers is the impact that this proposed rule could have on them. A previous blog post, "The EPA and Army Corps of Engineers Withdraw Interpretive Rule," highlights certain exemptions and exclusions that will be continue to be available to farmers and ranchers. Additionally, the EPA claims that under the proposed rule, agricultural producers will continue to maintain the exemptions and exclusions that exist under the current regulatory framework. However, whether this plays out in practice is to be determined.
Regardless of the ultimate decision on the clean water proposal, it will be important for agricultural producers to continue to monitor the situation to ensure compliance with requirements associated therewith. For additional information on environmental compliance issues, contact the Ag law attorneys at Goosmann Law Firm at info@goosmannlaw.com or (712) 226-4000..