The American Farm Bureau Federation (AFBF) urged the Trump administration and EPA Administrator Lee Zeldin to issue clearer regulatory guidance on the revised “Waters of the United States” (WOTUS) rule, following the Supreme Court’s Sackett v. EPA (2023) decision that significantly narrowed federal jurisdiction under the Clean Water Act. Key concerns from AFBF:
- Definition of “relatively permanent”: AFBF calls for a strict definition limiting regulation to waters with year-round or nearly year-round flow. They oppose federal oversight of ephemeral features like rain-fed ditches and field depressions.
- Farmer exemptions: Urges explicit protections for normal farming activities — plowing, planting, fencing — from triggering Clean Water Act permitting.
- Wetland criteria: Requests clarification on when wetlands are “indistinguishable” from federally regulated waters. AFBF supports limiting oversight to wetlands with direct, continuous surface connections.
Zeldin has pledged to streamline the WOTUS rule and reduce uncertainty. The agency has issued interim guidance but acknowledges more work is needed to align field-level decisions with the Sackett ruling, especially under conditions like drought or seasonal water flow. Read more from Pro Farmer.
