WASHINGTON, DC – On December 30, the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers took the next step towards revising the definition of Waters of the United States (WOTUS) with the release of a final rule that repeals the Navigable Waters Protection Rule (NWPR) and codifies a definition the Agencies claim is “generally consistent with the pre-2015 regulatory regime.”
However, this rule expands federal jurisdiction beyond the pre-2015 rules and adds significant regulatory uncertainty for farmers.
“USA Rice is extremely disappointed with the Biden Administration’s actions to once again muddy the waters with their new definition of WOTUS, and are particularly concerned that the Administration has chosen to narrow the applicability of the historic exemption for prior converted cropland,” said David Petter, an Arkansas rice farmer and chair of the USA Rice Regulatory Affairs Committee. “As farmers across the country are struggling with supply chain disruptions, exceedingly high input costs, and arbitrary barriers to trade, we simply cannot afford another impediment to the agriculture industry. Rice farmers and our industry need a rule that’s clear and concise, providing certainty rather than ambiguity. USA Rice will be working with our allies in Washington to ensure agriculture has a strong voice in this debate, and that farmers attain the certainty they need.”
The Supreme Court of the United States heard Sackett v. EPA, an influential wetlands case that could have a monumental impact on Federal water regulations, on October 3, 2022, and is expected to issue a ruling by June 2023.
The Waters Advocacy Coalition, made up of nearly 50 organizations including USA Rice, issued this
release in response to the final WOTUS rule.