Author: Ana Gelevska

Farmers Urge EPA to Keep Water Protection Rules Clear

Every farmer and rancher in the U.S. is familiar with the term WOTUS. Citizens of America who earn money for living by working on farms or ranches, most certainly are up to date with the recent development of events regarding the Waters of the United States. This subject has undergone many changes, regulatory and legal battles during the last few years, and now, there are several uncertainties about the New Water Rule.

The Water of the United States became part of the Clean Water Act in 1972. This federal law refers to governing water pollution of waterways on the territory of the U.S., which falls under the jurisdiction of the Environmental Protection Agency and Army Corps of Engineers. Since its introduction, the precise definition of WOTUS has been contested too many times.

In the period of mid-1980s to 2015, the definition of WOTUS retained the original definition without any significant changes. Nevertheless, in response to a U.S. Supreme Court decision, the Obama administration made substantial changes to this rule. The 2015 definition of the WOTUS rule got a new, comprehensive definition by including seasonal streams, dry riverbeds, and even drainage ditches.   

While Democrats and supporters of this definition were satisfied with the expansion of the previous water rule, this radical overstep was challenging to interpret for many. The 2015 WOTUS enabled the federal government to have control over private properties. Still, since it was unclear, landowners had no other choice but to hire lawyers and spend thousands of dollars to figure out if their land was subject to the rule. If they were, landowners would have to ask and pay for permits, even for something as basic as digging a stock pond.

After years of legal uncertainty caused by the 2015 WOTUS, the Trump administration made the long-awaited changes to this rule. The Navigable Waters Protection Rule or NWPR replaced the 2015 rule.

Although this rule was met with disapproval by environmentalists, it was an immense improvement for ranchers. The NWPR removed federal jurisdiction over intermittent streams, isolated water features, and exempted stock ponds and other agricultural sites. This mitigating change saved landowners a lot of money from already limited resources.  

After a federal judge repealed the Trump rule, the Biden administration started creating a new rule. According to some experts, this new waterway protections rule could probably impact the work of farmers and ranchers. However, it remains unclear which are the next steps of the Environmental Protection Agency and the kind of protections that will take effect. 

Organizations like Texas & Southwestern Cattle Raisers Association provided comments and recommendations for the Environmental Protection Agency (EPA). Additionally, the director of the New York State Water Resources Institute and senior research associate with the College of Agriculture and Life Sciences at Cornell University, Brian Rahm, stated:

“For New York farmers, there is still uncertainty over what the current administration will ultimately do here. Ideally, I hope the EPA will develop something based in science, which reflects the reality of the connectedness of our hydrological systems, and which is articulate enough to provide clarity over how and when the rule may come into play with respect to the regulation of certain land-use activities.

“As with other issues, such as climate change, I fail to see how ignoring science helps us. We should face difficult discussions about land use and resource management equipped with facts. At the same time, any rule created without an understanding of the current state of the art of agriculture – and the resources available to advance natural resource stewardship – will not be effective or welcomed.

“Overall, while I don’t know exactly which definition of ‘waters of the U.S.’ will be reverted to, I welcome the scrapping of the Trump era rule, which I think showed an irresponsible disregard for well-established science.” – Cornell University

5 Things You Could Do To Protect Wetlands

Wetlands are home to various specific species that cannot be found on any other planet Earth. These landscapes support delicate ecosystems, represent a shelter for plants and animals, and provide food and clean water for humans.

Statistical data shows that 64% of the world’s wetlands have disappeared since the beginning of the 20th century, and the remaining ones are substantially diminished. Some of the most common types of wetlands are saltwater marshes, fens, swamps, peat bogs, and mangroves, and many of us undoubtedly have some kind of wetland near you.

Even the most minor changes are significant in preserving nature, and as individuals, we can protect our environment. So, what can you do to reverse the trend and protect the wetlands?     

  • Join a local wetland organization

If you live near a wetland, there are probably protection or preservation non-profit organizations dedicated to protecting the local area. With just a few clicks on the internet, you can find information about such organizations and contact them about volunteering. Present your skills and availability, and someone from the organization will ensure you get various tasks to help and protect the wetlands. Remember that every step, no matter how irrelevant it seems, is essential for preserving nature. If you are interested in working in the field, you can start with some clean-up projects, such as removing litter from the wetlands in your area.   

  • Plant trees, shrubs, and flowers

Humans have substantially changed the planet, and wetlands are not an exception. Over the last few years, wetlands have been filled and cleared according to the needs of people and organizations. This resulted in the disappearance of many native plants. Additionally, non-native plants can be invasive and thus pose a threat to the ecosystem of the specific wetland.

By gardening or landscaping your yard, you help the wetlands immensely. However, before you start planting anything, make sure to research which plants are native to your area. The invasive species can dominate over native flora and do more harm than good. Experts explain that, generally, birds and bees are more likely to pollinate native plants, so this is another way to help and support the nearby wetlands.   

  • Care for the environment at home

A significant part of the trash makes its way into the water in both liquid and solid form. The first step in protecting the wetlands is to limit the waste in your household. Anytime you can, reuse as many products as possible and buy recycled products.   

People tend to overuse natural resources, and overconsumption is one of the biggest issues nowadays. Using sustainable and eco-aware ingredients and safe waste disposal methods is a particularly important step in protecting the wetlands in the long run.

Dispose of your household waste and trash responsibly, and never pour cleaning products down a drain. Always opt for unbleached products, phosphate-free detergents, and non-toxic products.

  • Take Political Action

Report any illegal activity that might jeopardize the functioning of the natural circles, including wetlands and the ecosystems within. Wetlands are areas protected by the law, so if you see someone illegally dumping waste, cutting down plants, or pouring dirt into a wetland, call the environmental protection organization in your state or authorities in the local area. You can also search for “wetland protection” and the name of your state and report the illegal activity online. Make sure to add as many details as possible, such as descriptions of the vehicles, license plate numbers, descriptions of the people. STAY SAFE! Choose a spot to hide, and don’t approach anyone.    

  • Donate to organizations

Most non-profit organizations are underfunded, so donate or raise donations on behalf of organizations that focus on wetland protection. Lack of resources limits the power of non-profit organizations. Besides volunteering, you can focus on raising funds for protecting the wetlands. Many reputable wetland conservation organizations will ensure that your donation will be used for the intended purpose.

Many coastal states have the option to purchase a license plate that shows your support for preserving wetlands, and part of the funds goes to wetland organizations. You can provide long-term support with a monthly donation to the organization. Another option is to start a campaign on social media networks to raise conscience for the importance of protecting the wetlands.         

What’s next for WOTUS after judge drops Trump’s 2020 NWPR rule?

Back in 2020, the Navigable Waters Protection Rule (NWPR) promulgated by the Trump administration significantly reduced the coverage of the water bodies in the United States. For many environmental organizations, agricultural and specialty crop stakeholders, this decision was inadequate, and Trump found himself the target of criticism. In contrast, developers and industry stakeholders welcomed this decision with open arms.

Nevertheless, as the political set is changing, the decisions issued by the Administration undergo changes as well. Quickly after taking the service, President Biden took steps toward repealing the Trump-rule. After reviewing the actions taken by Trump Administration, the key term in the Clean Water Act (CWA) is changing for another time. The Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), on June 9, 2021, made a joint announcement that they intend to examine and make alterations to the WOTUS rule. Biden Administration explained that these alternations are driven by the inconsistency and certain obstacles to the new scientific and environmental policy aspirations. Additionally, Corps and EPA had sizeable concerns about the NWPR and established an unavoidable need for changes. They intended to replace the NWPR through the rulemaking process.  

Almost three months later, On August 30, 2021, the U.S. District Court for the District of Arizona entered an order in Pasqua Yaqui Tribe v. EPA, so now things have moved in the planned direction, and the Biden administration can take a short break. The federal court ruling made a decision to put an end to the Trump-era Clean Water Act rule. It is not specified whether the Arizona district court’s order would apply locally or nationwide.       

As Judge Rosemary Márquez of the U.S. District Court for the District of Arizona ruled, the decision to withdraw the federal protection for streams and wetlands across the country was defective and too flawed to keep in place. The decision made by the federal court effectively puts an end to the Trump era and is a fundamental change that affects the entire nation. Consequently, the Navigable Waters Protection Rule is not currently in effect.

While the Navigable Waters Protection Rule is one of the most controversial decisions of the previous Administration, according to many, the new regulatory go in favor of both developers and farmers. At the same time, the EPA is spared from punishment by ruling out the Trump-rule, as the agency is preparing a replacement for the NWPR. 

In an email, the former EPA Office of Water attorney, Mark Ryan, said that: “The immediate effect is a nationwide vacature of the 2020 rule. There will be an appeal. Assuming the judge’s order is not stayed on appeal, then EPA will not have to go to the trouble of repealing the 2020 rule, and can move straight to drafting the new rule (which is almost certainly underway already).”

When it comes to the ruling and determining which “waters of the United States” are qualified to undergo federal protection under the Clean Water Act, the EPA and the Army Corps of Engineers consider implementing the 1986 regulation, which George W. Bush interpreted in the Agencies’ 2008 guidance. Legal experts explain that there is quite a big difference between restoring the Clean Water Rule and reverting to the pre-2015 status quo.  

This change makes some space and relieves EPA of unnecessary obligations. Therefore, instead of revoking the previous regulation, the EPA can focus its efforts and resources to anew the definition of “water of the U.S..” Ryan stated: “I think this relieves a bit of the pressure. Now they have one, not two big rulemakings to deal with.”

The most recent update about the EPA’s decision is that the agency currently discusses and evaluates the ruling. Timothy Carroll, the EPA spokesperson, stated that there aren’t any further comments on the final decision.  All things considered, the recent changes leave many open questions. The one most commonly asked is whether there will be a return to the 2015 Obama rule?! Do the industry stakeholders intend to appeal the vacatur order to support the NWPR? Will the Ninth Circuit limit the extent of the vacatur to Arizona? How do these decisions impact the current regulatory landscape?