The EPA and U.S. Army Corps of Engineers' proposed "Waters of the U.S." rule was the focus of hearings in both houses of Congress in March.
During a March 17 hearing in the House Subcommittee on Conservation and Forestry, American Farm Bureau Federation General Counsel Ellen Steen testified that farmers would be exposed to increased EPA action if the rule is allowed to go forward.
"It is impossible to know how many farmers, ranchers and forest landowners will be visited by agency enforcement staff or will be sued by citizen plaintiffs' lawyers-and it is impossible to know when those inspections and lawsuits will happen," Steen said, "but what is certain is that a vast number of common, responsible farming, ranching and forestry practices that occur today without the need for a federal permit would be highly vulnerable to Clean Water Act enforcement under this rule."
Both Georgia Farm Bureau and AFBF have pushed to get the proposed rule withdrawn. EPA Administrator Gina McCarthy has said publicly that the final rule will be published this spring.
The EPA and Corps' promulgation of the rule drew criticism from the chairs of both the House and Senate Ag Committee chairman.
"Under EPA's proposed rule, every water in the United States can be reached by federal regulators," House Agriculture Committee Chairman Michael Conaway (R-Texas) said in his opening statement. "The only thing that makes the rule ambiguous is the claim by the EPA and the Army Corps that the rule is not all-encompassing, with the agencies declaring they will use their best professional judgment on when to regulate a water and when they will not. These assurances hold little comfort for farmers and ranchers who will face steep civil fines for any violation."
On March 24, the Senate Ag Committee held its own hearing to review the impacts of the proposed rule.
"I find it particularly troubling that despite the unanimous outcry from a broad coalition of stakeholders and industries that have voiced concern about the manner and process by which EPA advanced this proposed rule, EPA continues to plunge ahead," Senate Ag Committee Chairman Pat Roberts (R-Kan.) said in his opening statement.
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