Stop the Back and Fourth: EPA and the Army Corps of Engineers are working to update the definition of WOTUS

“We can finally put into place rules that will have some staying power, which will give certainty to landowners across the country.”

The EPA and Army Corps of Engineers are working to update the definition of Waters of the United States after a Supreme Court ruling. It signals a turning point in an issue that has caused uncertainty for farmers and ranchers for more than a decade.

According to Rep. Dan Newhouse, “We can finally put into place rules that will have some staying power, which will give certainty to landowners across the country. I’m glad that the current EPA leaders are opening this up so that we can achieve the certainty that property owners have so long been working for.”

Newhouse is hopeful the agencies will get it right, in light of the Supreme Court’s Sackett decision.

“This yo-yos back and forth depending on who’s in the White House or who’s controlling Congress,” he notes. “People need more certainty than that so that they can make long-term decisions on how to utilize their property.”

Last month, the EPA and Army Corps released new guidance. They removed the “discrete features” rule, which means wetlands separated by things like berms or dry land no longer count as waters of the United States.

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“We absolutely expect to see more of these proposals similar to this or other types of action on this topic in this session and upcoming ones as well.”