Agricultural News
AFBF's Courtney Briggs is Concerned with Clarity in the Biden Administration's New Definition of WOTUS
Wed, 11 May 2022 11:58:07 CDT
During the National Association of Broadcasters Washington Watch, Farm Director KC Sheperd, caught up with Courtney Briggs, American Farm Bureau Federation's Senior Director of Congressional Regulations. Sheperd and Briggs talked on the Biden administration's plan to craft a new definition of Waters of the U.S.
"Right now, we are in the middle of the regulatory process," Briggs said. "The Biden administration has come in and announced that they will rescind the Trump administration's Navigable Waters Protection Rule which was the rule that the farmers and ranchers really liked because it provided that clarity and certainty that we have been seeking."
Unfortunately, Briggs said she believes we are moving in the wrong direction. The Biden administration's proposal expands the Federal Government's reach over private property, she added.
"It is bringing back a very troubling test of jurisdiction called the significant nexus test and essentially this is a case-by-case determination that would allow the Army Corps of Engineers to assert jurisdiction over ephemeral features," Briggs said. "I'm talking about ditches and low spots in a farm field."
Briggs said Clean Water Act compliance is very important for us to know where that line of jurisdiction is because there are civil and criminal penalties associated with compliance.
"This will determine whether farmers and ranchers need to get permits under the Clean Water Act," Briggs said.
Briggs said permits require lawyers, engineers, environmental consultants, and time. It is all very costly, she added.
"We certainly want to protect the waters that need protecting," Briggs said. "But, talking about a low spot in a farm field and assigning federal jurisdiction and federal protections to a low spot just doesn't make sense to us."
The Biden administration's proposed rule ignores the roles of states, Briggs said, and takes away the power the congress gave states under the Clean Water Act to protect their own waters.
"We are in the middle of the regulatory process, and farmers and ranchers really stepped up to the plate during the public commenting period and submitted lots of comments communicating the farmer and rancher experience and what this rule would mean for their businesses," Briggs said. "They still need to talk to elected officials and continue the drumbeat that this is an important issue and clarity, and certainty are paramount."
In the few days since this inteview, AFBF has also expressed their disappointment in the First WOTUS roundtable. You can read more about that here:
Click the LISTEN BAR below to hear more from Courtney Briggs on redefining WOTUS.
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