This has been going on for more than a decade already. The back and forth between the Waters of The United States (WOTUS) from the Obama Administration, the Navigable Waters Act of the Trump Administration, and now the New WOTUS from President Biden’s EPA. Definitions over what is considered “navigable”, and where the jurisdiction of the Federal Government ends, and the states and counties begin. It’s a political problem that seems to have no end in sight.
What is complicating the situation even more is a lack of clarity on the latest WOTUS version from the EPA. Not surprising, since the agency has been slow on rulings, decisions, or guidance for agriculture-related issues for a while now. But this current situation goes beyond just agriculture. It is also affecting builders and landowners in general. We have been waiting for clarification from the EPA on the 2023 revision of WOTUS for far too long. Courtney Briggs is Senior Director of Government Affairs with the American Farm Bureau Federation (AFBF), and she testified in front of Congress last week, telling them that the EPA is failing to help people understand what compliance means.
What is more unnerving is that the EPA can levy heavy fines for non-compliance and do so without explaining what they are expecting.
AFBF is continuing to push the EPA to release clarification and guidance on a year-old rule change.
