Following the American Farm Bureau Federation’s (AFBF) study of the Environmental Protection Agency’s (EPA) “Waters of the U.S.” rule, AFBF President Bob Stallman released a statement calling the rule dismaying and a serious threat to American farmers, ranchers and other landowners.
According to AFBF, under the new rule, waters–even ditches–could be regulated by the EPA even if they’re dry most of the time and miles away from navigable waters.
“Under this proposed rule, farmers, ranchers and every other landowner across the countryside will face a tremendous new roadblock to ordinary land use activities,” Stallman said. “This is not just about the paperwork of getting a permit to farm, or even about having farming practices regulated. The fact is there is no legal right to a Clean Water Act permit—if farming or ranching activities need a permit, EPA or the Army Corps of Engineers can deny that permit. That’s why Clean Water Act jurisdiction over farmlands amounts to nothing less than federal veto power over a farmer’s ability to farm.”
AFBF reports that the EPA believes the ruling will reduce uncertainty as almost every feature where water flows or stands after a rainfall would fall under federal regulation.
“EPA accompanied its proposal with a new ‘interpretive rule’ claiming to clarify certain statutory exemptions for agricultural conservation practices, including activities as commonplace and essential to farming as building a fence. But these exemptions apply only to ‘dredge and fill’ permit requirements,” Stallman said. “They do not protect farmers from federal veto power over pest and weed control, fertilizer application, and other essential farming activities that may result in the addition of ‘pollutants’ to ‘navigable waters,’–providing one views every ditch and wet spot across the landscape as ‘navigable waters.’”
According to Stallman, AFBF will dedicate itself to opposing the action by EPA as the Supreme Court has ruled repeatedly that “navigable waters” does not mean all waters.