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EC SD | I read the court's decision and agree with their logic and decision today!
WOTUS is now defined as coastal areas and interstate waterways which are potentially navigable, including directly adjoining wetlands which have a continuous water surface connection (like marshes and tidal ponds).
This decision frees landowners from the burden of EPA's and Army Corp's Clean Water Act regulations for properties containing wetlands, which are not part of the WOTUS as defined above.
As bb1 said, wetlands are still wetlands. They may be regulated by the States, or by other Federal laws beyond the Clean Water Act, or by Federal programs where the participant agrees to abide by the program rules. The would include the Farm Program with its NRCS compliance rules.
If your farm doesn't already have an NRCS wetland determination, my advice is to have one done in a dry year, maybe this drought is an "opportunity".... | |
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Clean water act , victory for landowners
