Oklahoma Farm Report masthead graphic with wheat on the left and cattle on the right.
Howdy Neighbors!
Ron Hays, Director of Farm and Ranch Programming, Radio Oklahoma Ag Network  |  2401 Exchange Ave, Suite F, Oklahoma City, Ok 73108  |  (405) 601-9211


Beef Buzz News

Biden Administration Hurries to Finish Their Finalized Rule on WOTUS- Ignoring Supreme Court Arguments in October

Mon, 12 Sep 2022 10:53:13 CDT

Biden Administration Hurries to Finish Their Finalized Rule on WOTUS- Ignoring Supreme Court Arguments in October Senior Farm and Ranch Broadcaster, Ron Hays, is back again with NCBA Deputy Environmental Council for the National Cattlemen’s Beef Association, Mary Thomas Hart, talking about Waters of the United States (WOTUS).

Regarding the Sacket v. EPA case, Hart says the decision made by the Supreme Court will have a far-reaching impact on where clean water rules will go in the future.

“It really feels like a race to the finish,” Hart said. “EPA has indicated that they are going to finalize their most recent version of a WOTUS definition by the end of the year, and likely before the EPA finalizes that rule, the Supreme Court is going to have oral arguments in Sackett vs. EPA.”

The case, Hart said, is considering which court-created test, significant nexus or relative permanence, should be the standard for the regulatory definition of WOTUS. The Supreme Court will have oral arguments, Hart added, and it is likely that the EPA will finalize its regulatory definition.

“The Supreme Court is then going to issue an opinion in the Sackett case, and EPA is certainly going to have to go back and rework whatever rule they finalize,” Hart said. “So, NCBA continues to ask EPA to push pause on that rulemaking until the Supreme Court has acted, but I think this is a really good example of the administration kind of going up against the Supreme Court. We will have a period of some competing standards and a need to find some uniformity between the EPA and the Supreme Court.”

The clean water rule replacement called the Navigable Water Act that came from the Trump administration in January of 2020 was well-liked by those in the agriculture industry because of the relative permanence of the rule that yielded stability. Hart said it is likely that the Biden administration will not go in the same direction.

“We can potentially see a version or a situation where the EPA and Army Corps regulatory definition is kind of rooted in significant nexus, while the Supreme Court goes a completely different route and maybe even follows the Scalia relative permanence standard,” Hart said. “I think one other thing that is really interesting to note is that the two justices who created these two tests that are up for consideration- significant nexus and relative permanence- they were developed by justices Kennedy and Scalia. Neither of those two justices are on the bench anymore.”

Hart said it is almost an entirely new court considering the definition of WOTUS since the Rapanos case and it will be many of the justices’ first time working with WOTUS.

“I describe the current state of affairs as the enemy we know. We are kind of back in the 1987 regulations era which means that if you have been in operation for 30-35 years and if you know what features are on your property, you probably have a pretty decent idea if those features are going to be subject to federal regulation,” Hart said.

The one thing about the ’87 regulations that NCBA does not like, Hart said is the amount of case-by-case determination.

“But, if you own your property for any significant period of time, you have probably at least considered the jurisdiction of those features and you probably don’t have any new questions at this point,” Hart said. “So, I am going to say we don’t love the ’87 regulations, but at least we know how the ’87 regulations operate, and we know how the ’87 regulations impact features across the landscape. That could all change by the end of the year, especially if we get a finalized rule from the Biden administration, then we will have some new questions about jurisdiction across the landscape.”

Hart said there have not been a lot of targeted actions towards farmers and ranchers in this administration.

“I do think this administration certainly values agricultural production, values farmers and ranchers and wants to make sure that they are successful whether it is in the water regulatory space, USDA conservation programs, or climate-related issues,” Hart said. “I think this administration is well intended when it comes to agricultural policy. We want to make sure that the administration doesn’t finalize policies that have unintended consequences for farmers and ranchers.”

Click the LISTEN BAR below to listen to Ron Hays and NCBA’s Mary Thomas Hart talking 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.


Ron Hays talks WOTUS with Mary Thomas Hart
right-click to download mp3


WebReadyTM Powered by WireReady® NSI


Beef News

  • NCBA Working to Keep GIPSA Rules in the Past   Tue, 04 Oct 2022 09:15:31 CDT
  • NCBA's Colin Woodall Believes Beef is a Key Part of the Solution to Stamping out Hunger  Mon, 03 Oct 2022 11:52:58 CDT
  • Federal Disaster Programs Available to Aid Producers in Forage Loss and Transportation   Fri, 30 Sep 2022 08:53:09 CDT
  • Congressman Frank Lucas Works to Exclude Farmers and Ranchers from SEC Climate Disclosure Rulemaking  Thu, 29 Sep 2022 13:17:29 CDT
  • USDA's Proposed Regulations Under the Packers and Stockyards Act Raises Concerns from NCBA  Wed, 28 Sep 2022 09:25:15 CDT
  • Derrell Peel Believes Strong Incentives Coming for Cattle Producers Once We See Drought's End  Tue, 27 Sep 2022 08:45:14 CDT
  • Derrell Peel Sees Beef Cow Culling to Set All-Time Record by the Fourth Quarter of 2022  Mon, 26 Sep 2022 10:03:22 CDT
  • Integrity Beef Helping Producers Develop Value Added Cattle  Fri, 23 Sep 2022 11:18:28 CDT
  • OCA's Michael Kelsey Likes Pond Cleanout and Drilling Water Wells as Possible Investments of Emergency Drought Funds  Thu, 22 Sep 2022 10:58:02 CDT
  • Iowa Cattleman Tells Lawmakers About Improvements Needed in EQIP and CRP  Wed, 21 Sep 2022 10:21:45 CDT
  • Beef Demand Remains Stronger than Anticipated Despite Stubborn Inflation   Tue, 20 Sep 2022 09:41:19 CDT
  • As Drought Persists, Cow Herd Liquidation Continues   Mon, 19 Sep 2022 10:03:30 CDT
  • Integrity Beef Receives Climate-Smart Ag Grant to Ensure Longevity and Sustainability of the American Ranch  Fri, 16 Sep 2022 09:35:58 CDT
  • Hereford Breed Continues to Provide Value to Cattlemen as Demand Remains Strong  Thu, 15 Sep 2022 09:00:11 CDT
  • Consumers Keep Buying Beef, but Many Looking for Ways to Keep Cost Per Meal Affordable  Wed, 14 Sep 2022 10:42:26 CDT
  • Decades of Work by Beef Industry Yields a Billion Dollars Monthly in Beef Exports   Tue, 13 Sep 2022 09:44:36 CDT
  • Biden Administration Hurries to Finish Their Finalized Rule on WOTUS- Ignoring Supreme Court Arguments in October   Mon, 12 Sep 2022 10:53:15 CDT
  • Mary Thomas Hart says Livestock Regulatory Protection Act is a Top Priority for NCBA  Fri, 09 Sep 2022 08:54:03 CDT
  • Cattlemen's Congress- The Mecca for Domestic and International Cattle Producers  Thu, 08 Sep 2022 09:58:03 CDT
  • PJ Budler Working with Cattlemen's Congress to Make it a Premier Destination for International Cattle Producers  Wed, 07 Sep 2022 09:37:02 CDT
  • As Concerns Over China Rise, They Remain a Top Tier Destination for US Beef  Tue, 06 Sep 2022 10:39:19 CDT
  • ICYMI- OSU's Rosslyn Biggs talks Rural Vet Shortage Across the Country   Mon, 05 Sep 2022 12:37:29 CDT
  • Beef. It's What's for Dinner. Remains a Top-Tier Brand to Consumers   Fri, 02 Sep 2022 08:52:58 CDT
  • USDA Proposal on Electronic ID Tags Only for Animal Disease Traceback   Thu, 01 Sep 2022 10:01:40 CDT
  • NCBA Supportive of Cattle Electronic ID System to Aid in Disease Traceability  Wed, 31 Aug 2022 09:10:48 CDT
  • OSU's Derrell Peel Sees Tighter Cattle Numbers Translating Into Falling Beef Production  Tue, 30 Aug 2022 10:18:19 CDT
  • FSA Administrator, Zach Ducheneaux, Working to Continuously Improve Assistance Programs for Cattle Producers   Mon, 29 Aug 2022 10:04:40 CDT
  • Jaymelynn Farney Provides Insight on Good Forage Options for Cattle Producers in Fall 2022  Fri, 26 Aug 2022 10:20:15 CDT
  • Cover Cropping a Valuable Strategy for Ranchers, says Jaymelynn Farney   Thu, 25 Aug 2022 13:16:08 CDT
  • Hay Supplies are Short and Likely to Get Worse, Says Cattle Marketer Bob Rodenberger   Wed, 24 Aug 2022 08:00:08 CDT
  • Significant Decline in Female Numbers Coming in 2023 says Derrell Peel   Tue, 23 Aug 2022 09:48:22 CDT
  • USDA August Cattle on Feed Report Run-Down with Derrell Peel  Mon, 22 Aug 2022 10:14:46 CDT
  • Upcoming Webinar to Educate Cattle Producers about the Newest Pest Threatening the Industry  Fri, 19 Aug 2022 09:06:31 CDT
  • NCBA's Kent Bacus Says Beef Exports Looking Great in 2022- But There's Still Trade Challenges to Conquer  Thu, 18 Aug 2022 09:16:08 CDT
  • Dr. Glenn Tonsor Sees Red Ink Disappearing Soon in His Latest Feedlot Closeouts  Wed, 17 Aug 2022 09:24:01 CDT



    Ron salutes our daily email sponsors!

    Oklahoma Beef council Oklahoma Ag Credit Oklahoma Farm Bureau National Livestock Credit Ag Mediation Program P&K Equipment Oklahoma City Farm Show Union Mutual Stillwater Milling Oklahoma Cattlemen's Association KIS FUTURES, INC.


    Search OklahomaFarmReport.com

    © 2008-2022 Oklahoma Farm Report
    Email Ron   |   Newsletter Signup   |    Current Spots   |    Program Links

    WebReady powered by WireReady® Inc.