News

Federal water rule takes effect this Friday

The Clean Water Rule, formerly called “Waters of the U.S.”, is scheduled to take effect this Friday.

Late last week, a U.S. district court judge in North Dakota heard arguments as to whether implementation of the law should be postponed for at least nine months. But the judge did not indicate when he might issue a decision on that preliminary injunction request.

Meanwhile, American Farm Bureau chief lobbyist Mary Kay Thatcher tells Brownfield the chances of Congress repealing the rule are very slim.

“We did pass the repeal on the House side, but on the Senate side you’ve got to have 60 votes instead of 50. We’re probably not quite there yet,” Thatcher says, “and I think President Obama has been very clear that even if we were successful in the Senate, he would veto. So that means you have to have 67 Senators that would stand with you on Waters of the U.S.—and we just aren’t there yet.”

AUDIO: Mary Kay Thatcher

Kristen Hassebrook, who handles regulatory issues for the Nebraska Cattlemen’s organization, predicts a long legal battle over the rule.

“My best guess is probably five to seven years—and I imagine we’ll probably end up in the Supreme Court again,” says Hassebrook. “It just seems to be the reality of this issue. We’ve been at the Supreme Court every couple of years for the past 15 years on this very same issue. So I imagine we’ll probably head back there again.”

AUDIO: Kristen Hassebrook

Several farm groups and dozens of states have joined in lawsuits to block the Clean Water Rule.