EPA's Proposal Holds No Water for Michigan Farmers

A proposed ruling by the Environmental Protection Agency regarding the Clean Water Act has Washington, D.C. phone lines and emails flooded by angry farmers whose farming practices will be severely limited if the new rule takes effect.

Van Buren County farmers were joined by Rep. Fred Upton, (R-6th) at the Larry Bodtke farm in South Haven last Friday. Laura Campbell, ag ecology manager for Michigan Farm Bureau, opened by saying, "The proposal is driven and funded by well-heeled environmental groups."

The new rules would redefine hydric soils, manmade ditches, tiny streams and wet areas in fields as "Waters of the U.S.," bringing them under EPA's jurisdiction and rules. Those rules include requiring farmers to acquire a federal permit to do almost everything from moving soil to applying a timely chemical application anytime such action takes place on or near hydric soil. Expansions would be delayed and costly; normal farming practices like fertilization could take months to receive a permit.

"When a time-sensitive operation like a pesticide application needs to be done, it needs to be done now. We can't wait for the federal government to okay every business practice we do on our farms," said Bodtke.

Campbell said, "Congress and the Supreme Court have limited EPA's ability to regulate water to major, interstate waterways and bodies of water. This rule stretches way beyond the intention of the Clean Water Act and is a taking of property rights. We can't fix this rule and it must be pulled out altogether.

"This rule change doesn't just affect farmers; it hits everyone who puts a shovel in the ground, including construction, golf courses, mining, energy and more."

Upton stood in unity with the growers.

"You are absolutely right and we cannot allow this to come about."

Upton said he was alerted to the new ruling about 10 days ago. He and many members of Congress have already signed a letter to the chairman of the Appropriations Committee asking that no funds be spent to promulgate that action.

"I can assure you that when the vote comes to appropriate funds for this rule, it will be soundly rejected by a 2: 1 margin and the vote will be vastly bipartisan. This will send a strong message to the EPA to keep them from moving forward with this crazy regulation. It is just nutty," Upton said.