NCBA offers brief to Supreme Court for upcoming WOTUS decision
The National Cattlemen’s Beef Association recently submitted a brief to the Supreme Court regarding the Sackett v. EPA case which will be heard later this year. This decision will determine whether the wetlands are considered United States waters, dramatically changing federal jurisdiction. Mary-Thomas Hart is an environmental advisor for the NCBA…
“I think we are sending a clear message to the Supreme Court that the agriculture industry is certainly impacted by the WOTUS definition and needs a clear definition and needs this matter settled once and for all.”
Two different tests…extensive government control versus a limited government approach…could be used to determine if something is a federally regulated water feature.
“We argued to the Supreme Court that both criteria must be met for a feature to be jurisdictional. So not only should it have a relatively permanent flow and sufficient surface connection to downstream waters, but it should should also have a significant connection to water quality downstream, and I think we can measure that by the presence of visual indicators Federal jurisdictions will be those that contribute the most to water quality In our brief to the court, we made sure to note that determining that an item is not under federal jurisdiction does not necessarily mean that it will not be regulated, it simply means that this feature is left to national and local management.