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Ag groups express frustration on WOTUS

Agriculture groups are disappointed with the Environmental Protection Agency’s final Waters of the United States rule.

Alan Bjerga with the National Milk Producers Federation tells Brownfield EPA didn’t listen stakeholders who wanted the agency to stay a decision until the Supreme Court ruled on the pending Sackett case, which is expected to provide more clarity on the rule.

“If the administration could have at least waited for Sackett, maybe you’d have a better chance to craft a rule that would withstand,” he says.  “They chose not to do that, that’s adding to the frustration.”

Drake Agricultural Law Center Director Jennifer Zwagerman says the Supreme Court’s pending ruling on Sackett vs. EPA could create more uncertainty. She says the WOTUS definition has changed with just about every presidential administration since the early 1970s.

“I think the political nature of the WOTUS rule makes it, in some ways, an easier target for litigation and controversy.”

She tells Brownfield it may not ever be possible to have a “durable” WOTUS definition.

“There’s always going to be those who challenge the smaller or less obvious classifications of WOTUS.”

Reagan Giesenschlag with The Fertilizer Institute tells Brownfield the ruling could potentially delay permits for domestic fertilizer production expansion projects.

“Permitting is a big part of getting any of those projects off the ground, so when the cost is driven up and it takes potentially years to get one of those permits, it could put those on pause or delay,” she explains.

The Supreme Court’s ruling Sackett vs. EPA is expected in June.

The National Corn Growers Association, National Association of Wheat Growers, and American Farm Bureau Federation have also expressed their disappointment. 

Brownfield’s Carah Hart contributed to this story.