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Wednesday January 25, 2023

AgAlert

The American Farm Bureau Federation and other agricultural and business groups are suing federal agencies, challenging the legality of the government’s new “waters of the United States,” or WOTUS, rule.

The lawsuit argues that the U.S. Environmental Protection Agency and Army Corps of Engineers overreached in finalizing a rule in December to update which “navigable waters” are subject to regulation under the Clean Water Act.

The suit, filed Jan. 18 in a U.S. District Court in Texas, argues that the law is overly broad and that “the rule imposes impossible—and unpredictable—burdens on landowners.”

Farm groups have argued that the law will create confusion and disrupt routine agricultural activities. They unsuccessfully called on the Biden administration to halt its rulemaking until after the U.S. Supreme Court weighs in on the matter.

“Farmers and ranchers share the goal of protecting the resources we’re entrusted with,” American Farm Bureau Federation President Zippy Duvall said in a statement after the lawsuit was filed. “Clean water is important to all of us. Unfortunately, the new WOTUS rule once again gives the federal government sweeping authority over private lands. This isn’t what clean water regulations were intended to do. Farmers and ranchers should not have to hire a team of lawyers and consultants to determine how we can farm our land.”

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