When United States Environmental Protection Agency (EPA) Administrator Michael Regan was in his confirmation hearings before the United States Senate, he was asked directly if he had any intentions of bringing back the controversial Obama-era Waters of the United States Rule (WOTUS). Agriculture groups had felt that they had been left out of any meaningful discussions of that rule and that it was going too far in its jurisdiction of what could be considered a ?navigable waterway.? They weren?t so much arguing about the fact that water quality was imperative, it is just that no interstate commerce happens on a mud puddle in your yard.
Many also were confused about where the jurisdiction of the state ended, and the Federal Government began. Many states had water quality rules in place that were already stricter than what had been put in place by the EPA and the U.S. Army Corps of Engineers. Minnesota, for instance, was one of those states.
During the Trump Administration, the President issued a rule repealing the WOTUS rule and implemented the Navigable Waters Protection Rule, which agriculture viewed as far less overreaching and commonsense for the industry, while environmentalists say it did away with any protections that our waterways have. This debate has been going on for some time.
Back to the original premise we started with. When questioned about a return to WOTUS, then-nominee Michael Regan said he was going to leave a sleeping dog lie and move on from that debate, stating, ?We all believe that the courts weighed in on the Obama rule and that the courts weighed in on Trump?s Navigable Water Rule.?
Then in June, not five weeks later, the EPA and the Corps of Engineers announced that they were going to bring back WOTUS. Farmers were again concerned with being left out of the discussion and having their land regulated by a one-size-fits-all approach that would severely punish them for violations that were not in step with their operational needs. Administrator Regan assured the Ag industry and supporters that they would have a voice and that they would have a seat at the table to discuss how to meet environmental needs in a way that was commonsense for their operations. Now the EPA has started listening sessions with Ag stakeholders.
Last week, the EPA held their first of several listening sessions on the proposed return to WOTUS. Lauren Lurkins is Director of Environmental Policy at the Illinois Farm Bureau, and she says that these hearings are just the first step in gauging the public sentiment on the rule.
Lurkins spoke on behalf of her state?s farmers to the EPA and the Army Corps of Engineers.
There are more listening sessions available, and there is still time to sign up.
You can view the schedule and register for a listening session at EPA.gov/WOTUS.
