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WOTUS Guidance Would Result in Chaos


The American Farm Bureau says if federal agencies are left the task of developing implementation guidance for the Waters of the U.S. rule; the result will be a continuation of the rule’s “liabilities, confusion and chaos.”  A letter from Farm Bureau and other organizations sent to Senators who oppose a bill that seeks revision of the rule says issuing guidance can’t fix a broken rule.

The groups encouraged the Senators to support any new effort in the Senate “to direct the agencies not to implement this rule and initiate a new, more responsible, balanced and lawful rulemaking.” According to the letter, if the Environmental Protection Agency and the Army Corps of Engineers are allowed to issue guidance for the implementation of the WOTUS rule, such guidance will be of no assistance to address the rules flaws, since many stem directly from the language used by the agencies in the final rule. The letter pointed out that the confusion and inconsistencies will produce similar results in the field and the nation’s courts.