National Cattlemen's Beef Assocation Concerned with New WOTUS Rule

National Cattlmen's Beef Association, Vice President of Government Affairs, Ethan Lane says that they are responding to the most recent version of the Waters of the U.S. rule that attempts to define what a federal water is that the Biden administration would have control over.

"They still created a rule that leaves way too much uncertainty for our producers about what would be considered a water the US and what wouldn't and where that federal control would extend, in particular building in a scenario where, as they put it, they would take them on a case by case basis. Well, that's certainly not something that our producers are going to be able to depend on. As we worry about the EPA and the Army Corps of Engineers standing far too much authority in private property as far as what they can put restrictions on."

This new rule has been released, even though there is a pending Supreme Court case that is reviewing the previous WOTUS rule. This is known as the Sackett case, a decision will come out in a few months. And Lane says that could have an effect on this new Biden administration WOTUS rule.

"If a court comes in as we think they might, and has issues with how EPA is extending their authority here, that would put this role in jeopardy, and we would have to then go back to the drawing board, but maybe with a little bit clearer idea from the federal courts and from the Supreme Court about what they'll allow and what they want."

NCBA is one of the ag groups that filed a lawsuit asking for the Biden WOTUS rule to be put on pause while the court considers the Sackett case.