WASHINGTON, DC – Yesterday, the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers (the agencies) announced that they will soon publish revisions to the rule published earlier this year by the Biden Administration related to “Waters of the United States” (WOTUS) that purports to address the precedents set by the Supreme Court of the United States in the case Sackett v. EPA (see
USA Rice Daily, May 25, 2023).
The agencies did not seek or accept public comments on these revisions, nor have they adequately explained how these revisions will impact or be impacted by the current injunction affecting the 2023 Biden Administration rule in more than half the country. The agencies have also announced plans to hold a briefing for stakeholders on September 12, and future listening sessions for co-regulators and regulated entities in the fall.
The revisions to the underlying rule are limited to only a small portion of the concerns raised in the Sackett case and exacerbated by the Biden Administration rule released in December 2022 (see
USA Rice Daily, January 4, 2023), including the elimination of the controversial significant nexus test and striking language regarding interstate wetlands.
"The EPA and the Army Corps have proven through this updated rule that they are not willing to work with the agricultural and broader business and industry communities to put forth common sense and succinct regulations on Waters of the U.S.," said David Petter, an Arkansas rice farmer and chair of the USA Rice Regulatory Affairs and Food Safety Committee. "Rice farmers and our industry depend on clean water -- on our farms and in our daily lives -- but yet again, these agencies continue on their quest of vague and complicated regulations rather than a workable and clearly defined approach."
The updated WOTUS rule will take effect once it has been published in the Federal Register.
"USA Rice has long called on these agencies to provide clear and concise rules, and we will continue working with our partners in the agriculture and business industries until we achieve our goal," said Petter.