By Jamie Martin
The EPA is embarking on yet another revision of the WOTUS rule, a regulatory saga marked by frequent changes. Administrator Lee Zeldin announced the agency's intent to craft a rule that aligns with the Supreme Court's Sackett v. EPA decision, which significantly limited the scope of federal jurisdiction over wetlands and waterways.
This decision has prompted the EPA and the Army Corps of Engineers to issue guidance to field staff, emphasizing the "continuous surface connection" standard for determining WOTUS. The EPA is also initiating public "listening sessions" to inform future rulemaking, seeking input from stakeholders who felt excluded from previous regulatory processes.
The WOTUS rule has experienced numerous iterations, reflecting shifting political priorities. From the Obama administration's expansion of the rule to include ephemeral streams, to the Trump administration's rollback, and the Biden administration's attempt to strike a balance, the rule has been a source of contention.
Zeldin aims to end the "pingpong" of regulatory changes, addressing concerns from businesses and farmers who have faced uncertainty and fines due to WOTUS misunderstandings.
"America’s farmers and ranchers will be better off with a clear and simple WOTUS definition that stands the test of time. USDA supports EPA’s revisions of WOTUS that provide certainty and recognize the key role agriculture plays in protecting our beautiful natural resources," said Secretary Brooke Rollins.
While agricultural groups, such as the American Farm Bureau Federation, welcomed the announcement as a sign of hope, environmental advocates, like the Natural Resources Defense Council, expressed concern that the new rule could lead to increased pollution and environmental harm.
The new guidance places a greater burden on regulatory agencies to demonstrate a clear hydrological connection, potentially providing relief for landowners with wetlands far from navigable waters.
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Categories: National