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NCBA files WOTUS comments with EPA

The National Cattlemen’s Beef Association (NCBA) has filed its official comments on the proposed “waters of the U.S.” rule, calling on the EPA to withdraw the rule and start over.

“There are so many issues, both substantively and procedurally, that the agency must withdraw the rule and start the process over,” says Ashley McDonald (pictured), NCBA environmental counsel, “and the process has to be very inclusive with all of the stakeholders at the table.”

McDonald says the group gave EPA a laundry list of concerns, “not the least of which is that they are including every ditch and ephemeral stream across this country as a tributary—and automatically jurisdictional under the Clean Water Act.”

McDonald says if EPA ignores agriculture’s concerns and makes the rule law, litigation is likely.

“The final and last option for everyone here is to challenge the final rule in court—and the projection from most folks in Washington, D.C. has been that somebody will challenge the final rule,” she says, “and so it will ultimately end up back at the Supreme Court.”

The deadline for public comments on the proposed rule is November 14th.