Wisconsin Ag Connection - WI Attorney General: WOTUS Would Burden Farmers

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WI Attorney General: WOTUS Would Burden Farmers
Wisconsin Ag Connection - 08/31/2015

Wisconsin's attorney general says a North Dakota court decision last week that stopped the Environmental Protection Agency from implementing strict water regulations in 13 states means local farmers can breath a little easier. Brad Schimel released a statement on Friday, noting that the 'Waters of the United States' rule, or WOTUS, would have expanded the definition of waterways falling under federal jurisdiction to cover many types of waters traditionally under state authority.

"Practically speaking, this means any ponds, natural or manmade, on any property, public or private, within specified boundaries are now regulated by the EPA," Schimel said. "Types of waters potentially subject to EPA regulation include ditches, ponds, and streams that may only flow during or after heavy rains, but are usually dry, and to the 100 year flood plain which is likely dry 99 of the 100 years. The new WOTUS rule impacts all property owners, public and private, as well as all of Wisconsin's industries, especially agriculture. The rule will be very burdensome for many land and business owners because it will require more permits, and in many cases, duplicative state and federal permits."

In July, Wisconsin has joined eight other states in filing a lawsuit against the EPA and the U.S. Army Corps of Engineers for what they claim unlawfully expands the federal government's regulatory reach over local streams, lands and farms. Schimel says the rule could have dire consequences for homeowners, farmers and other entities by forcing them to navigate a complex federal bureaucracy and obtain costly permits in order to perform everyday tasks like digging ditches, building fences or spraying fertilizers.

"Wisconsin already has strong clean water regulations and these proposed duplicative regulations will serve only to harm farmers and landowners by substantially increasing costs and delaying permits," Schimel said. "This overreaching move is yet another example of the EPA exceeding its constitutional authority to the detriment of our state."

Immediately after last week's court decision, the EPA issued a statement that the decision was limited to the 13 states that were party to that case, and the rule would go into effect in the other remaining states. But Schimel says it is likely that the states challenging the rule not involved in the North Dakota case will seek clarification that the decision enjoined the rule for all 50 states.

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