Despite several requests for clarification by agriculture and other industries, the Environmental Protection Agency has failed to provide clear guidance on the 2023 revision of the Waters of the U.S. rule. Courtney Briggs, senior director of government affairs for the American Farm Bureau Federation, testified before Congress last week, saying the agency has made the rule difficult to comply with.

“The agencies have not clearly defined very important terms within their rulemaking. These are terms such as “relatively permanent” or “continuous surface connection,” and I mentioned them because they are really linchpins for how this administration is seeking to implement the WOTUS rule. But to add insult to injury, the agencies have also failed to release implementation guidance to inform landowners as to how they intend to implement this rule.”

Briggs says a lack of transparency could lead to harsh consequences for farmers found in non-compliance.

“There are really steep penalties for non-compliance under the law. They adjusted it for inflation, it’s $64,000 per day for every day of non-compliance or jail time. When you’re talking about civil and criminal liabilities, it makes sense that landowners want to know where the bright line of jurisdiction is, and they want to know how it’s being implemented.”

AFBF is continuing to advocate for more information from the agency.

“We have continually asked for clarity, for certainty, for them to define these very important terms. We have asked for them to clarify how they are going to implement the rule. We’ve gone so far as to submit a Freedom of Information Act, a FOIA request, which the response that we received was highly redacted.”

Learn more by searching “WOTUS” at fb.org.