JOINT RESOLUTION TO KILL WOTUS PASSES
Irrigated pastures are an essential forage source farmers and ranchers. UC Davis
News
Nov 6, 2015
The Senate passed a joint resolution (S.J. Res. 22) of disapproval last week to do away with the Waters of the United States (WOTUS) rule. This came a day after the members failed to invoke cloture on S. 1140, the Federal Water Quality Protection Act.
The failed Water Quality Protection Act would have directed the Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps) to withdraw the current WOTUS rule and immediately work with all stakeholders to draft a rule that would bring clarity to the Clean Water Act without usurping state and private water rights.
Iowa Republican Sen. Joni Ernst sponsored the disapproval measure under the Congressional Review Act. The resolution would order the EPA and Corps to withdraw the WOTUS rule and prevent the agencies from similar rulemaking.
With approval of her resolution, Ernst said, “Today’s passage to scrap the expanded WOTUS rule is a major win for our hardworking farmers, ranchers, manufacturers, and small businesses who are continuously ignored by the EPA.
It is abundantly clear that the WOTUS rule is ill-conceived and breeds uncertainty, confusion, and more red tape that threatens the livelihoods of many in Iowa and across the country.
“Our resolution stops the EPA from continuing to act as an unchecked federal agency of the Obama administration, expanding its power over Iowa farmers, small businesses, ranchers, and other landowners in our rural communities.”
She went on to say, “The time to act is now and I will not ignore the commonsense voices of hardworking Americans. President Obama will ultimately be forced to decide between an unchecked federal agency, or the livelihoods of our rural communities who say this overreaching WOTUS rule must be stopped.”
Following the vote last Wednesday, National Cattlemen’s Beef Association (NCBA) and the Public Lands Council expressed appreciation for the show of support in the Senate.
NCBA President Philip Ellis said the joint resolution could finally put this burdensome regulation to rest.
“America’s cattlemen and women are drowning in federal regulation that adds burdens, costs and uncertainty to our businesses,” commented Ellis.
“The WOTUS regulation is the greatest overreach yet. If allowed to take effect, it would give EPA jurisdiction over millions of acres of state and private property.
Without action by Congress and the president to withdraw this rule, producers, stakeholders and states will be forced to continue litigation, adding millions of dollars in expenses and years in delay.”
American Farm Bureau Federation President Bob Stallman issued a statement saying, “While the effort to send the flawed Waters of the U.S. rule back to the drawing board fell a few votes short, we applaud members of the U.S. Senate who today stood up for farmers and ranchers. While we are disappointed in today’s vote, we know this issue will remain a critical one for America’s farmers and ranchers, and we will continue our fight to protect them from federal regulatory overreach.”
NCBA Vice President of Government Affairs, Colin Woodall, said that while the resolution isn’t necessarily the action they would have liked on WOTUS, its passage showed bipartisan support. “It’s a good sign that we have continued bipartisan support in the Senate to push back against the administration,” he said, adding a veto from the president is very likely.
“We will have to find some other actions to kill the Waters of the United States rule, but this was still a step in the right direction, just to show the overall support we have with members of the Senate.”
Even with support from agricultural and other landuse stakeholders, court rulings against WOTUS, and expressed concern from the Army Corps of Engineers garnering enough support in Congress to override a presidential veto, is doubtful.
Woodall explained the issue has become highly politicized and “democratic senators do not want to hand President Obama a defeat, and that’s what this would be.”
The WOTUS rule seeks to define what waters are subject to federal regulations under the Clean Water Act.
Implementation of the rule was stayed in 13 states by a North Dakota federal judge in September. Then in October, the U.S. Court of Appeals for the Sixth Circuit issued a temporary stay until jurisdiction can be determined.
With states and organizations including NCBA and PLC already involved in litigation, Woodall said, “Unfortunately it looks like the courts are going to be the only successful path we’re going to have in trying to kill this rule.”
The House must now consider the resolution, but like the action in the Senate, any votes are mostly procedural as President Barack Obama has made it clear he will veto anything that aims to change WOTUS. — Rae Price, WLJ Editor
https://wlj.net/print-article-12229-print.html#
No comments:
Post a Comment