United States Senator Chuck Grassley says it’s time to end the WOTUS back and forth between the courts and the EPA and pass a legislative ‘fix’.
Even after Senator Grassley said the Supreme Court rejected the EPA’s ‘significant nexus test’ for a navigable water to define a wetland in favor of an observable surface connection. Grassley says the new rule still lacks certainty and needs a permanent decision.
The American Farm Bureau says the EPA’s final rule is still vague in defining ditches and other farm features that fill with water only sometimes–a vestige of the 2006 Rapos ruling not fixed in the May decision.
Grassley adds the EPA also failed in its final rulemaking to follow the Administrative Procedures Act with 90 days or more for public comment. But the Farm Bureau says the agency used a “good cause exemption” to get around that.
