WASHINGTON- The Biden administration announced on Dec. 30 that it finalized rules with the US Environmental Protection Agency (EPA) to try and protect various streams, wetlands and waterways across the country.

The decision reverses a previous rule to not provide federal protection during the Trump Administration. However, the Supreme Court rejected the Trump rule in April 2020.

In the recent announcement, the EPA and the US Department of Army stated that the newly established definition of the “waters of the United States” (WOTUS) restored essential water protection that was in place before the 2015 Clean Water Act.

“When Congress passed the Clean Water Act 50 years ago, it recognized that protecting our waters is essential to ensuring healthy communities and a thriving economy,” said Michael Regan, administrator of the EPA.

“Following extensive stakeholder engagement, and building on what we’ve learned from previous rules, EPA is working to deliver a durable definition of WOTUS that safeguards our nation’s waters, strengthens economic opportunity, and protects people’s health while providing greater certainty for farmers, ranchers, and landowners.”

Criticism came quickly for the decision by the EPA on the WOTUS definition, including from Representative Glenn “GT” Thompson (R-Pa.) chairman elect for the House Agriculture Committee, who said this was politicizing crop protection tools and burdensome regulation.

“The final WOTUS rule issued (Dec. 30) by the Biden Administration is another step in the wrong direction. Simply recognizing long-standing agriculture exemptions that have been too narrowly applied for decades does not make up for, once again, plunging our rural communities into ambiguity.” Thompson said. “Finally, the timing of the rule is questionable given the fact that the Supreme Court is due to rule on a case related to WOTUS regulations in the coming months. I am concerned this action will only result in continuing the regulatory whiplash.”

The National Cattlemen’s Beef Association (NCBA) shared how the new information would affect the cattlemen they represent.

“For too long, farmers and ranchers have dealt with the whiplash of shifting WOTUS definitions, said Mary-Thomas Hart, chief counsel for NCBA. “The Biden administration sought to finalize a WOTUS definition that will protect both our nation’s water supply and cattle producers across the nation. While the rule retains longstanding, bipartisan WOTUS exclusions for certain agricultural features, it creates new uncertainty for farmers, ranchers, and landowners across the nation.”

The National Association of State Departments of Agriculture (NASDA) also responded to the new directive.

Ted McKinney, chief executive officer of NASDA, stated that the agency’s rule ignored the voice of nearly all in American agriculture who wanted clarity on the issue, especially regarding the debate over what is and not navigable water.

 “Farmers are committed to being responsible stewards of the land and water that they use to grow food, and the effectiveness of WOTUS should be taken with the same seriousness,” he added.

There’s a possibility that the definition given by the EPA and the Department of the Army could also be affected by the pending case of Sackett v. EPA at the Supreme Court over WOTUS. Oral arguments occurred during October 2022 with final rulings possibly happening in the coming months.