By Julie Tomascik
Editor

Over 25 states, including Texas, have now issued injunctions to prevent the implementation of the Biden administration’s Waters of the U.S. (WOTUS) rule.

A ruling out of North Dakota on April 12 stopped the implementation in 24 states. And the first ruling, issued out of Texas on March 19, halted the rule in Texas and Idaho.

“Two district courts have now acknowledged the new rule likely oversteps EPA’s authority under the Clean Water Act,” American Farm Bureau Federation (AFBF) President Zippy Duvall said in a statement. “With the rule now on hold in more than half the country, EPA and the U.S. Army Corps should do the right thing by listening to our legitimate concerns and rewriting the rule to draw a bright line of jurisdiction.”

AFBF, Texas Farm Bureau and several other state and national agricultural organizations have argued that the administration’s rule significantly expands federal jurisdiction over waters such as ephemeral streams and small wetlands.

The confusion surrounding the rule would likely require farmers and ranchers to hire environmental consultants, attorneys and engineers to ensure they are in compliance while trying to farm their land.

“This isn’t just a philosophical dispute: farmers and ranchers in the remaining states are left with no clear way to determine where federal jurisdiction begins and ends on their own property. The rule creates a fuzzy, subjective assessment that’s unfair to landowners,” Duvall said. “Here’s the bottom line: clean water is important to all of us, and farmers and ranchers certainly share the goal of caring for our natural resources. We depend on them for our livelihoods. All we’re asking for is a sensible rule that farmers can interpret without hiring a team of lawyers.”

The states where the rule is currently halted includes:

  • Alabama
  • Alaska
  • Arkansas
  • Florida
  • Georgia
  • Idaho
  • Indiana
  • Iowa
  • Kansas
  • Louisiana
  • Mississippi
  • Missouri
  • Montana
  • Nebraska
  • New Hampshire
  • North Dakota
  • Ohio
  • Oklahoma
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas
  • Utah
  • Virginia
  • West Virginia
  • Wyoming

The rule is in effect for the remaining states as of March 20.

Biden vetoed congressional effort to undo new water regulations
President Biden in early April vetoed a joint resolution from Congress to overturn the administration’s WOTUS rule.

The veto was expected, but it was a disappointing decision for farmers and ranchers.

“This veto flies in the face of President Biden’s promise to support farmers and ranchers. This rule is a clear case of government overreach that leaves farmers wondering whether they can farm their own land. It’s a shame the President is standing with bureaucrats instead of with the people who stock America’s pantries,” Duvall said.

The Congressional Review Act resolution of disapproval of the WOTUS rule was a bipartisan, bicameral effort by Congress to halt implementation of the flawed rule.

It passed in the Senate with bipartisan support by a vote of 53-43 and passed in the House of Representatives with bipartisan support by a vote of 227-198.

“The president’s decision to disregard the bipartisan will of Congress also causes farmers, ranchers and all Americans to doubt his often-repeated commitment to work with Congress when members come together on a bipartisan basis,” Duvall said. “They did so, and he rejected their will with the stroke of a pen. Mr. President, you let us down.”