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Ag leaders say current WOTUS rule brings uncertainty to producers

Members of the ag industry are concerned that the future of the Waters of the US rule leaves producers with too many unanswered questions.

Nebraska Senator Pete Ricketts says the Biden administration won’t rewrite its rule even with a decision from the US Supreme Court in Sackett v. EPA. “It seems likely, depending on EPA’s action, we will have to be back in court again for an injunction on this rule.”

Ricketts says even with an injunction from a North Dakota court, it’s likely it will get tied up in legal proceedings because it doesn’t comply with the 1972 Clean Water Act that defined navigable waters.

Iowa Secretary of Agriculture Mike Naig tells Brownfield the new rule is overreaching. “The federal government does not have to be involved for something to be properly protected.”

He says Congress sent a message to the administration despite its failure to override the President’s veto. “I do think it’s important to note that was a bipartisan effort to rebuff the administration’s version of Waters of the U.S. I don’t know there’s a whole lot that’s happening on a bipartisan basis in D.C. so that should tell you something.”

Nebraska and Iowa are among 26 states exempted from the current rule as part of the preliminary injunction.

Brownfield’s Kellan Heavican contributed to this story.