NEFB says SCOTUS can create certainty for producers when hearing WOTUS case


NEFB says SCOTUS can create certainty for producers when hearing WOTUS case

The Nebraska Farm Bureau says the nation’s high court can limit EPA’s authority when regulating the Waters of the U.S. when reviewing a ruling next spring.

The U.S. Supreme Court will review the 9th Circuit’s ruling in the Sackett vs. EPA case to determine if lower court used the proper tests to determine if wetlands were truly “waters of the United States” under the Obama-era Clean Water Act.

Director of National Affairs Jordan Dux tells Brownfield expanding what types of wetlands qualify under the Clean Water Act creates uncertainty because it affects the daily operations of a farm and ranch. “What we’re worried about is not only about what waters would be jurisdictional, which would require a producer to have to obtain a permit.  It’s also important to know that the federal government is under no legal obligation to grant a producer a permit just because they applied for it.  They could say no.”

And he says, “They may not be able to be granted that permit to do again basic agricultural practices: planting, tilling or pesticide applications.” That really limits what a producer can or cannot do with their property.  That comes into basic private property rights. That’ gets into the fundamentals of allowing farmers and ranchers to perform agriculture practices on their property.”

In a statement, U.S. Senator Deb Fischer says she’s pleased that the Supreme Court is looking at EPAs overreach.