WOTUS Rules Updated, Ag Groups Underwhelmed

The U.S. Environmental Protection Agency (EPA) announced new Waters of the U.S. (WOTUS) rules this week. The updates come after the Supreme Court ruling in May that required EPA to revise the WOTUS definition.

The two primary changes include:

1. For a wetland to be protected under the Clean Water Act, it must have a continuous surface connection to navigable waterways.
2. Removal of the “significant nexus” test, used to determine if there was a connection between small and large water bodies.

U.S. Representative GT Thompson says the updated rules mean private property is better protected from government regulation. However, many ag groups don’t feel EPA understood the main WOTUS pain points after the Supreme Court ruling. The National Association of State Departments of Ag (NASDA) says it is “baffling” that the revised rules do not address all the issues raised by the Supreme Court or stakeholder groups.

Read more on revised WOTUS rules here.