National Cattlemen’s Beef Association on the Navigable Waters Protection Rule

The latest overhaul of the Clean Water Act offers exclusions for farmers and ranchers. Although the rule has been signed into law, some legal disputes could create future hurdles.

The Navigable Waters Protection Rule is now in effect for 49 states, but a federal judge exempts Colorado.

“They (Colorado) are relying on the 1987 WOTUS definition and the guidances that have been put in place since then,” NCBA Chief Environmentalist Scott Yager said. “The reason it went back to the ’87 regulations is because the 2015 rule was repealed through a separate rule making.”

The EPA wants to expedite an appeal to block Colorado from carrying out the old guidelines.

The WOTUS revamp faces other court challenges as well.

“It is now an effective law but it’s being challenged by a multitude of environmental groups and blue states, and that’s where we find ourselves today defending Trump’s rule in various courts,” Yager said.

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