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MO Attorney General: clearer WOTUS needed

Missouri has joined other states challenging the Biden administration’s Waters of the United States rule. In the new lawsuit, attorneys general from across the country say the updated WOTUS definition goes beyond the power Congress delegated in the Clean Water Act. Governor Mike Parson says there’s a better definition for WOTUS.

“It’s not everything. I think that’s what they’re trying to do, a blanket policy that gives them the right to come onto your farm to check the water that runs off your barn, check a mud hole or ditch and anywhere where water runs,” says Parson. “There’s no way the federal government should have that right of intrusion.”

Missouri Pork Association Executive Vice President Don Nikodim says this regulation is recurring nightmare for farmers and ranchers.

“Even a minor rainfall event is water they control. Even if you’re applying fertilizer or manure, everyone should be concerned about this.”

During an interview with Brownfield, EPA Administrator Michael Regan said the agency released the updated rule when it did because the it wanted the rule on the record for agriculture before the Supreme Court ruling. 

“I got whiplash from the different rules and changing regulatory regime,” says Andrew Bailey, Missouri’s Attorney General. “Pencils down until SCOTUS gives us a decision and then, we can promulgate a rule based on what the law actually is based on the U.S. Supreme Court.”

Parson says he’s hopeful the Supreme Court judges will be thorough in their review of Sackett vs. EPA and provide more clarity on the regulation.