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| February 9, 2023 |
| In Case You Missed It! |
| States, Farm Groups, Others File Suit Over Biden Administration’s Far-reaching WOTUS Rule Redefinition |
States and 17 farm, construction and mining groups filed suit in federal court last month to overturn the Biden administration’s definition of the upstream reach of water pollution laws. The state of Texas and the American Farm Bureau Federation are two of many entities involved in the suits. The plaintiffs argue that the new Waters of the United States (WOTUS) rule finalized by the Biden administration was irresponsibly broad and covered land and waterways that have no connection to the navigable waters under federal jurisdiction.
The lawsuits to overturn the WOTUS rule were filed in federal district court on Jan. 18, the same day the rule was published in the Federal Register. Like the challenges to the Obama definition, the lawsuits criticized the new WOTUS definition as overly broad, covering areas that may not even be with water. NAAA has concerns with expanding the definition of WOTUS because it would expand the conditions whereby applicators may have to obtain NPDES pesticide general permits under the Clean Water Act. These permits are time-consuming, expensive, duplicative and unnecessary for applicators because pesticides are already tested for water safety under the Federal Insecticide, Fungicide and Rodenticide Act.
Congress said in 1972 that clean water law applied to the waters of the United States and left it to federal agencies to define them. The new WOTUS rule covers more waterways and wetlands than the narrower definition written during the Trump era, which was overturned by a federal court in 2021. An earlier WOTUS definition by the Obama administration was tied up in court and never took effect.
Litigation over the Biden administration’s WOTUS rule will launch as the Supreme Court is preparing to rule in a case—Sackett v. EPA—an Idaho case that has the potential to limit the reach of the Clean Water Act by limiting federal protection of wetlands to land with a surface connection to a waterway. In 2006, the Supreme Court ruled that wetlands with a “significant nexus” to navigable waters were covered by the water pollution law. Courts have generally followed that rule since then.
Additional challenges to the WOTUS rule are expected to land in multiple federal district courts across the country.
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| This newsletter is intended for NAAA members only. NAAA requests that should any party desire to publish, distribute or quote any part of this newsletter that they first seek the permission of the Association. The views, thoughts, and opinions expressed herein do not necessarily represent those of the National Agricultural Aviation Association (NAAA), its Board of Directors, staff or membership. Items in this newsletter are not the result of paid advertising and are only meant to highlight newsworthy developments. No endorsement by NAAA is intended or implied. |
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 rule finalized by the Biden administration was irresponsibly
broad and covered land and waterways that have no connection to the
navigable waters under federal jurisdiction.){kind=small}
