Draft ‘Waters of the U.S.” Guidance Comments due July 31
—Deadline extended to July 31; Grassroots comments encouraged
Grassroots comments are being sought by July 31 regarding the Environmental Protection Agency (EPA) and Army Corps of Engineers’ (Corps) proposed draft guidance expanding EPA’s Clean Water Act (CWA) regulatory authority.
According to the American Farm Bureau Federation, this new guidance provides agency field staff with an expanded menu of options to establish federal jurisdiction and control of any given water body on private land. As a result, Farm Bureau members will be subject to federal enforcement and onerous permitting requirements that will require a substantial expenditure of time and money. Even where jurisdiction is in question, the federal agencies have shifted the burden to landowners and permit applicants to establish that jurisdiction is not appropriate.
AFBF is very concerned that this guidance document will be used by the regulatory agencies to broaden the scope of the CWA and all programs within its purview. Farm Bureau believes the guidance also circumvents the Administrative Procedures Act and the Supreme Court rulings in both SWANCC and Rapanos.
Wyoming Farm Bureau members may also contact Ken Hamilton for more information.