In this file:


·         AFBF: EPA Should Keep "Navigable" in New WOTUS Rule

·         Nebraska: Ricketts submits comments to EPA on WOTUS, wants limited federal control



EPA Should Keep "Navigable" in New WOTUS Rule


Oklahoma Farm Report

03 Sep 2021


The American Farm Bureau Federation submitted recommendations today on the definition of “waters of the United States” (WOTUS). The comments were filed with the Environmental Protection Agency (EPA) and the Army Corps of Engineers. In June 2021, the EPA announced its intent to revise the definition of WOTUS and solicited pre-proposal recommendations.


In the recommendations, AFBF expresses disappointment in EPA’s decision to replace the Navigable Waters Protection Rule (NWPR) and explains why the rule should be left in place:


“To correct the fatal flaws in the 2015 WOTUS Rule, the Agencies carefully struck ‘a reasonable and appropriate balance between Federal and State waters’ that is ‘intended to ensure that the agencies operate within the scope of the Federal government’s authority over navigable waters.’ The NWPR also brought an end to all of the uncertainty created by the Agencies’ aggressive assertions of jurisdiction under prior definitions by including ‘categorical bright lines’ to improve clarity and predictability.”


“The Agencies can ensure clean water for all Americans through a blend of the CWA’s regulatory and non-regulatory approaches, just as Congress intended. It is unnecessary (and unlawful) to define non-navigable, intrastate, mostly dry features that are far removed from navigable waters as ‘waters of the United States’ to try to achieve the Act’s objective.”


AFBF’s recommendations to EPA and the Corps include ensuring that any new regulations:


more, including link to AFBF WOTUS recommendations



Ricketts submits comments to EPA on WOTUS, wants limited federal control


By Kellan Heavican, Brownfield 

September 3, 2021


Nebraska Governor Pete Ricketts says an expansion of the Waters of the U.S. (WOTUS) rule would burden farmers and ranchers. “We want to put the EPA on notice that look you’ve tried to redo this Waters of the U.S. rule under the Obama administration,” Ricketts says.  “It was unlawful, we took you to court, and we won.  We want them to know that we’re going to be watching again regarding how they implement this rule.” 


He tells Brownfield he submitted official written comments to the agency asking for a definition that provides “limited federal jurisdiction.” “This is another example where the EPA needs to remember that Congress rights the laws not the regulators, not the EPA, so you have to live within the intent of what Congress wrote, not what you want to do.”


The Governor’s letter on WOTUS...