NCBA Condemns Court Decision Striking Down Navigable Waters Protection Rule

Sep 02, 2021

Yesterday, the U.S. District Court in Arizona struck down the 2020 Navigable Waters Protection Rule (NWPR), a regulation that corrected the disastrous 2015 Waters of the United States (WOTUS) rule and provided key protections to farmers and ranchers.

“The Navigable Waters Protection Rule limited federal overreach and provided regulatory certainty to our nation’s cattle producers,” said NCBA Chief Environmental Counsel Scott Yager. “The NWPR was a solution to the far overreaching 2015 WOTUS rule but yesterday’s court decision adds further confusion to an issue that has been complicated by decades of activist-driven litigation. NCBA is disappointed in this decision and will continue advocating for regulations that protect the ability of cattle producers to invest in their land and care for their cattle.”

The Biden Administration had previously announced its intent to repeal and replace the NWPR. While NCBA discouraged the repeal of NWPR, the Biden Administration pursued a deliberative, transparent outreach strategy, allowing for American cattle producers to have a voice in the process.

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Video: Dicamba Returns for Georgia Farmers: What the New EPA Ruling Means for Cotton Growers

After being unavailable in 2024 due to registration issues, dicamba products are returning for Georgia farmers this growing season — but under strict new conditions.

In this report from Tifton, Extension Weed Specialist Stanley Culpepper explains the updated EPA ruling, including new application limits, mandatory training requirements, and the need for a restricted use pesticide license. Among the key changes: a cap of two ½-pound applications per year and the required use of an approved volatility reduction agent with every application.

For Georgia cotton producers, the ruling is significant. According to Taylor Sills with the Georgia Cotton Commission, the vast majority of cotton planted in the state carries the dicamba-tolerant trait — meaning farmers had been paying for technology they couldn’t use.

While environmental groups have expressed concerns over spray drift, Georgia growers have reduced off-target pesticide movement by more than 91% over the past decade. Still, this two-year registration period will come with increased scrutiny, making stewardship and compliance more important than ever.