American Farm Bureau Federation Joins in Lawsuit
to Stop EPA Redefinition of ‘Waters of US’
The American Farm Bureau Federation, Texas Farm
others whose livelihoods depend on their ability to work
Bureau, Matagorda County Farm Bureau, and 11 other
the land.”
agricultural and industry groups have asked a federal
According to the AFBF complaint, “the Agencies
court to vacate the controversial new rule redefining
are determined to exert jurisdiction over a staggering
the scope of federal jurisdiction under the Clean Water
range of dry land and water features – whether large
Act. The complaint, filed in federal district court in
or small, permanent, intermittent or ephemeral,
Texas, claims the new rule grants EPA and the U.S.
flowing or stagnant, natural or manmade, interstate or
Army Corps of Engineers broad control over land use
intrastate.” The “opaque and unwieldy” rule “leaves
far beyond what Congress authorized in the Clean Water the identification of jurisdictional waters so vague
Act. The lawsuit also claims
and uncertain that Plaintiffs
“EPA water
vagueness and over-breadth
and their members cannot
of the rule violate the U.S.
determine whether and when
regulations must
Constitution. The groups also
the most basic activities
protect water quality undertaken on their land will
challenged EPA’s aggressive
grassroots advocacy campaign without bulldozing
subject them to drastic criminal
during the comment period,
and civil penalties under the
the
rights
of
farmers
which reflected a closed mind
(Clean Water Act).”
to concerns expressed by
and others whose
farmers and others.
The AFBF lawsuit follows
livelihoods depend
four similar suits filed by
EPA and the Corps first
officials representing 27 states,
on their ability to
proposed the rule in March
all within two days of the rule’s
work
the
land.”
2014, promising clarity and
publication on June 29. A group
certainty to farmers, ranchers,
of nine states – West Virginia,
builders and other affected
Georgia, Alabama, Florida,
businesses and landowners. “Instead we have a final rule Kansas, Kentucky, South Carolina, Utah and Wisconsin
that exceeds the agencies’ legal authority and fails to
– has asked a federal district court in Georgia for a
provide the clarity that was promised,” AFBF General
preliminary injunction to stop implementation of the
Counsel Ellen Steen said. “AFBF filed this lawsuit to do rule while the lawsuit is resolved. Ohio and Michigan
everything we can to protect the interests of farmers and have a separate suit in Ohio also seeking preliminary
ranchers, but litigation is not a quick or perfect fix. It is
relief. “We appreciate the leadership and dedication of
long, cumbersome and expensive, and it leaves farmers
all the states that have challenged the rule, and we fully
and others facing immediate harm and uncertainty under support their efforts,” Steen said.
this rule.”
AFBF’s co-plaintiffs are the American Petroleum
While AFBF and others turn to the courts, a bill
Institute, American Road and Transportation Builders,
currently before the Senate, if passed, would require
Leading Builders of America, National Alliance of
EPA and the Corps to abandon the rule and conduct
Forest Owners, National Association of Home Builders,
a new rulemaking. “Lawsuit or no lawsuit, we need
National Association of Manufacturers, National
Congress to act,” AFBF President Bob Stallman said.
Cattlemen’s Beef Association, National Corn Growers
“We need legislation that requires an honest rulemaking Association, National Mining Association, National
from EPA. EPA water regulations must protect water
Pork Producers Council and Public Lands Council.
quality without bulldozing the rights of farmers and
West Virginia Farm Bureau News 7