A federal judge in Texas recently issued an important ruling in Texas v. EPA, a case challenging the legality of the Biden administration’s “Waters of the United States” definition under the Clean Water Act.  [Read Opinion here.] Background As we’ve discussed at length previously on this blog and on the Ag Law in the Field Podcast, Congress passed the Clean Water Act (“the Act”) in 1972, granting federal jurisdiction over “navigable waters,” which it defined as “waters of the United States, including territorial seas (WOTUS).”  Congress did not, however,… Read More →

On December 20, 2022, the Environmental Protection Agency and the US Army Corps of Engineers released its Final Rule redefining “waters of the United States” (“WOTUS”) under the Clean Water Act (“Biden Rule”).  [Read Biden Rule here.]  The Biden Rule is set to go into effect on March 20, 2023.  There have, however, been lawsuits challenging the Final Rule that could impact this effective date.  [Read Complaint here and Complaint here.] Background For those of you keeping score, this marks the third attempt by the EPA to redefine… Read More →

For years now, agriculture has been closely following the drama surrounding the definition of “Waters of the United States,” commonly referred to as WOTUS.  With a new administration in place, changes have recently occurred in Washington, DC on this issue. Background The Clean Water Act, passed in 1972, gave federal jurisdiction to the Environmental Protection Agency (EPA) and Army Corps of Engineers (COE) over “waters of the United States.”  Essentially, a person who wishes to do certain activities in a water of the United States—such as point source… Read More →

As many had anticipated, President Trump signed an Executive Order on Tuesday dealing with the “Waters of the United States” rule. [Read full order here.] You may recall that back in 2015, the Environmental Protection Agency and Corps of Engineers passed a rule “clarifying” the definition of “Waters of the United States” as the term is used in the Clean Water Act.  Immediately, numerous States (including Texas), agricultural industry groups, and other businesses filed suits across the country claiming that  the new rule was too broadly written and gave… Read More →

For the third year in a row, Shannon Ferrell and I have decided to cover the status of the “waters of the United States” rule in our annual article for the Southwest Farm Press.  Between the Duarte Nursery trial court decision in California, the landowner victory in the United States Supreme Court Hawkes ruling, and the speculation about actions that the Trump administration might take, we had plenty of angles to consider.  To read our article, click here.