April 1, 2014. Last week the Environmental Protection Agency (“EPA”) published a proposed change to language contained in the Clean Water Act. As a result of Supreme Court decisions in 2001 and 2006 concerning the scope of the EPA’s authority pursuant to the Clean Water Act, additional clarification as to the application of the Act to farmers and ranchers was needed. Prior to the publication of the proposed rule, farmers and ranchers harbored concerns that the EPA would attempt to expand its authority to regulate tributaries, streams and other intermittent water bodies on U.S. farms.
However, EPA Administrator, Gina McCarthy, stated that “EPA has worked on and on with Secretary Vilsack [Secretary – United States Department of Agriculture] to make sure we’re addressing farmers’ concerns in this proposed rule.” McCarthy went on to state that as the proposal is written now it “will keep intact existing clean water exemptions for agriculture activities [and] it does a little bit more.”
United States Department of Agriculture Secretary, Tom Vilsack, stated that the proposed rule identifies another 50 plus exemptions which “will not be subject to clean water dredge and fill permitting requirements,” and farmers won’t have to seek permits or even notify the EPA if they plan things like wetlands restoration or water control structures.
The EPA will now provide for a 90-day comment period on the proposed rule. To comment on the proposed rule please visit Regulations.gov at search for Docket No. EPA-HQ-OW-2011-0880.
For more information about Ag Law or the proposed rule concerning the Clean Water Act, contact the Goosmann Law Firm at info@goosmannlaw.com or call 712-226-4000.
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