In this file:


·         Biden administration repeals Trump’s water rule

·         EPA takes step toward a new WOTUS



Biden administration repeals Trump’s water rule

Interim WOTUS rule goes back to pre-2015 standards while it looks to establish new rule.


Jacqui Fatka, Beef Magazine

Nov 19, 2021


In an effort to provide certainty as it rewrites what is defined as a “waters of the U.S.,” the Environmental Protection Agency announced a proposed rule that would re-establish the pre-2015 definition of WOTUS updated to reflect consideration of Supreme Court decisions. However, agricultural groups say repealing the 2020 Navigable Waters Protection Rule is a mistake and does the opposite of providing certainty.


In the last six years, producers have experienced three different WOTUS definitions under different administrations, often times creating patchwork implementation across the nation as courts also got involved.


“In recent years, the only constant with WOTUS has been change, creating a whiplash in how to best protect our waters in communities across America,” says EPA Administrator Michael Regan. “Through our engagement with stakeholders across the country, we’ve heard overwhelming calls for a durable definition of WOTUS that protects the environment and that is grounded in the experience of those who steward our waters. Today’s action advances our process toward a stronger rule that achieves our shared priorities.”


EPA offers assurances that the proposed rule would maintain the longstanding exclusions of the pre-2015 regulations as well as the exemptions and exclusions in the Clean Water Act on which the agricultural community has come to rely.


On June 9, 2021, EPA and the Department of the Army announced their intent to revise the definition of WOTUS...





EPA takes step toward a new WOTUS


By Julie Harker, Brownfield

November 18, 2021


The EPA & Army Corps of Engineers have released a proposed interim rule to replace the Waters of the U.S. Rule.


Curtis Carey, public affairs director of EPA Region Seven tells Brownfield it’s the first of two steps, “It brings us back to the pre-2015 definition of the Waters of the United States with some upgrades based on court rulings.” That’s the pre-Obama administration Clean Water Act rule. The proposal is on the Federal Register and open for public comment.


The next step toward a final rule, Carey says, is round table discussions across the country in 2022 from all stakeholders including farmers, “That’s where the ag industry, ag members will have a seat at the table to help us define the next rule, The next rule which will take the place of Waters of the U.S. and be something that is durable. Something that can stand the test of time.”


EPA Administrator Michael Regan says the goal is...


more, including audio [2:26 min.]