New rule aims to clarify water jurisdiction and reduce farm uncertainty
The National Pork Producers Council, working through the Waters Advocacy Coalition, has submitted comments supporting a new proposal from the U.S. Environmental Protection Agency to clearly define Waters of the United States. The proposal revises long standing regulations under the Clean Water Act and aims to bring clarity to a debate that has lasted for decades.
The definition of Waters of the United States determines which waterways and wetlands fall under federal authority. Over the years, changing rules have created uncertainty for farmers, landowners, and regulators. The latest EPA proposal follows guidance from the U.S. Supreme Court’s 2023 decision in Sackett v. EPA, which limited federal jurisdiction and clarified what types of waters are covered by the Clean Water Act.
According to the Waters Advocacy Coalition, the proposed rule better aligns with both the Clean Water Act and Supreme Court precedent. It introduces clear definitions for important terms such as “relatively permanent” waters and “continuous surface connection.” These definitions are meant to improve transparency and provide farmers with a clearer understanding of which waters are regulated.
The Supreme Court previously ruled that federal authority applies only to commonly recognized waters such as streams, rivers, lakes, and oceans, along with wetlands that have a direct and continuous surface connection to those waters. This ruling narrowed the scope of federal oversight and excluded many features found on farmland.