Still waters: EPA extends comment period on ‘Waters of the U.S.’ proposal

After more than 70 agricultural stakeholder groups called for more time to comment on proposed changes to the Clean Water Act and an altered definition of “Waters of the United States,” the Environmental Protection Agency and U.S. Army Corps of Engineers have extended a public comment period. Farmers, ranchers and the public will now have until Oct. 20 to comment on the proposed rule and until July 7 to offer input on agricultural exemptions. According to the EPA, the proposal clarifies the types of waters that are and are not covered by the Clean Water Act, bringing certainty and predictability that had been put in limbo following Supreme Court decisions relating to the rules in 2001 and 2006. Groups who are wary of the proposal say its wording opens the door for the EPA to greatly expand its jurisdiction. The American Farm Bureau Federation has garnered attention with its national “Ditch the Rule” campaign. In a parody of “Let It Go” from Disney’s “Frozen,” the Clay family of Missouri, Farm Bureau members, recently made mainstream media belting out the lyrics, “There’s not water flowing, but the government doesn’t care,” while navigating a dry ditch on their farm by canoe. Federal Farm Bureau President Bob Stallman — who has been one of the proposal’s loudest opponents — in a news release called the proposal a serious threat to farmers, ranchers and other landowners. “Under EPA’s proposed rule, waters — even ditches — are regulated even if they are miles from the nearest ‘navigable’ waters,” Stallman said. “Indeed, so-called ‘waters’ are regulated even if they aren’t wet most of the time. EPA says its new rule will reduce uncertainty, and that much seems to be true: there isn’t much uncertainty if most every feature where water flows or stands after a rainfall is federally regulated.” Stallman said the EPA has misled the regulated community about the rule’s impacts on land use...more