Beef Buzz News
NCBA Hopeful the Supreme Court Will Provide Clarity on What is a WOTUS
Thu, 09 Jun 2022 10:23:33 CDT
While the Biden Administration's Environmental Protection Agency (EPA) is pushing forward with its ideas on a new WOTUS rule, the Supreme Court is likely to decide exactly how WOTUS should be interpreted. Senior Farm and Ranch Broadcaster, Ron Hays, is back with Environmental Counsel for the National Cattlemen's Beef Association, Mary Thomas Hart, talking more about the Supreme Court taking another look at the definition of Waters of the U.S. (WOTUS).
Listen to Ron Hays and Mary Thomas Hart on the Supreme Court's Interpretation of WOTUS
Hart said the Supreme Court will consider which test from the Rapanos v. United States case, the last big Clean Water Act case, should be used by Federal courts and agencies across the country.
"Usually, when we get a decision from the Supreme Court, Federal courts and agencies are able to fairly easily interpret it and write rules to implement that decision," Hart said. "In this really unique case, the Supreme Court had a four-one-four decision, which means that there wasn't a majority opinion," Hart said.
There were two conflicting tests for determining jurisdiction under the Clean Water Act, Hart said, and Federal courts across the country have gone back and forth in an attempt to combine the two tests to effectively implement the Rapanos decision.
"I think after nearly 15 years of confusion, we are going to get an answer from the Supreme Court on which test actually needs to be used," Hart said.
In 2006, Justice Scalia articulated a bright-line rule holding that WOTUS includes only relatively permanent standing or continuously flowing bodies of water. Justice Kennedy said it should be a significant nexus on a case-by-case basis to decide whether a water feature is a WOTUS or not.
Americans in the agriculture industry are hoping the Supreme Court of today will clear this up. Justice Kennedy and Scalia are no longer on the court. In fact, today's Supreme Court looks much different.
"The two conflicting opinions were written by Justices Scalia and Kennedy," Hart said. "Neither of which are still on the bench.
For the most part, Hart said we have a new slate of Justices to consider this case compared to the bench that determined the Rapanos opinion.
"I think there are only three justices still on the bench that were on the bench for the Rapanos case," Hart said. "It is certainly a new slate, and we are excited to write briefs to the Supreme Court because a lot of them are hearing these arguments for the first time."
The decision made by the Supreme Court will decide how Americans can run their operation in the most effective way when it comes to any sort of water on their property.
"It is important to highlight that the Clean Water Act was designed and written to regulate water," Hart said. "That is all we want to do is make sure that EPA's regulation under the Clean Water Act sticks to bodies of water that were intended to be regulated when congress wrote the Clean Water Act."
Hart said the 2015 Obama WOTUS definition went far beyond the initial intentions for the Clean Water Act.
"It regulated dry areas that only carried water after a precipitation event, or really isolated wetlands or isolated stock ponds that had no connection to downstream water quality," Hart said. "We are not trying to eliminate the Clean Water Act here; we just want to make sure that EPA stays within the confines of the law."
Click the LISTEN BAR below to listen to Ron Hays and Mary Thomas Hart talk about the focus of redefining WOTUS.
The Beef Buzz is a regular feature heard on radio stations around the region on the Radio Oklahoma Network and is a regular audio feature found on this website as well. Click on the LISTEN BAR below for today's show and check out our archives for older Beef Buzz shows covering the gamut of the beef cattle industry today.
right-click to download mp3
WebReadyTM Powered by WireReady® NSI
Derrell Peel Foresees a Decrease in Beef Production for Remainder of 2022 Wed, 06 Jul 2022 08:42:03 CDT
Cattlemen's Congress Reaching Out to Commercial Cattlemen in Year Three- and International Guests as Well Tue, 05 Jul 2022 11:14:19 CDT
Born Out of the Pandemic- Cattlemen's Congress Getting Ready for Year Three Fri, 01 Jul 2022 10:26:41 CDT
Telling the Story of Animal Agriculture with Hannah Thompson Weeman Thu, 30 Jun 2022 09:16:53 CDT
NCBA's Ethan Lane says the Price Discovery and Transparency Act Passing Committee was the Easy Part Wed, 29 Jun 2022 11:25:56 CDT
Katelyn McCullock with LMIC says Interesting Summer Ahead from a Meat Case Perspective Tue, 28 Jun 2022 09:38:57 CDT
Ag Groups Argue About Harm to Animal Ag by California's Prop 12 Mon, 27 Jun 2022 11:31:46 CDT
NCBA's Ethan Lane Voices Concerns with the Cattle Price Discovery and Transparency Act of 2022 Fri, 24 Jun 2022 08:57:35 CDT
Cattle Price Discovery and Transparency Act of 2022 Passes with Objections Thu, 23 Jun 2022 13:14:46 CDT
Notable Increase in the Cost of Gain in Feedlots for 2022 says Dr. Glynn Tonsor Wed, 22 Jun 2022 16:13:24 CDT
Dan Halstrom Anticipates More Billion-Dollar Sale Export Months for Beef Exports but Warns of Headwinds Tue, 21 Jun 2022 09:57:08 CDT
USMEF's Dan Halstrom Sees Signing of Ocean Reform Act Helping U.S. Meat Exporters Be Reliable Suppliers Mon, 20 Jun 2022 13:23:18 CDT
A.J. Tarpoff Provides Medical Explanation for Cattle Deaths in Kansas Fri, 17 Jun 2022 10:13:21 CDT
Unusual Heat Conditions in Southwestern Kansas Result in Feedlot Cattle Deaths Thu, 16 Jun 2022 09:22:24 CDT
Montie Soules, CEO of the American Shorthorn Association, Promotes America's First Breed Wed, 15 Jun 2022 10:23:32 CDT
Cattlemen's Congress: The Show by Cattle Producers for Cattle Producers Tue, 14 Jun 2022 10:08:29 CDT
New Potential Listing Under Endangered Species Act to Cause More Regulatory Burden for Producers Mon, 13 Jun 2022 10:20:48 CDT
Derrell Peel Analyzes Multiple Reasons Ground Beef Market Holding Strong Fri, 10 Jun 2022 09:52:14 CDT
NCBA Hopeful the Supreme Court Will Provide Clarity on What is a WOTUS Thu, 09 Jun 2022 10:23:34 CDT
Cattle Producers Voice their Concerns at WOTUS Roundtable Thu, 09 Jun 2022 04:12:49 CDT
Dr. Wesley Tucker Advises Ranchers Against Overstocking to Increase Revenue in the Long Run Tue, 07 Jun 2022 09:37:16 CDT
New Technology Allows Ranchers to Control Mesquite Better than Before, says Brian Cain with Bayer Mon, 06 Jun 2022 13:36:29 CDT
Cattle Numbers and Prices to be Impacted by Poor Pasture and Range Conditions Fri, 03 Jun 2022 10:35:00 CDT
OCA Executive Vice President Michael Kelsey Believes Attorney General O'Connor is a Good Fit for Agriculture Thu, 02 Jun 2022 10:10:35 CDT
China Phase One Trade Deal a Success for U.S. Beef Wed, 01 Jun 2022 09:30:45 CDT
Robin Reid Urges Producers to Sign up for the USDA's LFP Program to Receive Assistance During Drought Tue, 31 May 2022 15:21:05 CDT
Congressman Frank Lucas Waits on DOJ Decision on Possible Criminal Wrongdoing by Big Four Packers Mon, 30 May 2022 09:32:15 CDT
David Lalman Stresses the Value of Being Proactive Before Poor Forage Condition Arise Thu, 26 May 2022 11:01:27 CDT
NCBA's Mary Thomas Hart Wants to Push Back Proposed SEC Reporting Rule Wed, 25 May 2022 10:41:26 CDT
Strong Marketings Key to Working Through Record Cattle Numbers in US Feedlots Tue, 24 May 2022 08:06:28 CDT
Cattle on Feed Report Shows Biggest May First Inventory Since 1996- Drought Pushing Cattle Into Feedlots Sat, 21 May 2022 15:01:06 CDT
Lance Zimmerman with Cattlefax Offers Cow Calf Producers Strategies for Success Fri, 20 May 2022 08:44:10 CDT
Kent Bacus says NCBA is Committed to Promoting Trade to Benefit US Cattle Producers Thu, 19 May 2022 09:54:10 CDT
John Butler with the Beef Marketing Group Communicates to Consumers that the Beef Industry is Sustainable Wed, 18 May 2022 09:46:15 CDT
John Butler with Beef Marketing Group Aims to See All Segments of the Beef Industry Working Together Tue, 17 May 2022 09:44:42 CDT