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Governor Pillen Signs Letter Condemning New WOTUS Rule

LINCOLN, NE – Today, Governor Jim Pillen joined 24 governors from across the nation in defending water rights and access for farmers, ranchers, developers, businesses, and landowners. The governors are requesting that President Joe Biden delay the new rule defining the Waters of the United States (WOTUS), until the U.S. Supreme Court issues its decision.

The new WOTUS rule would expand the definition of "navigable waters" to include ponds, certain streams, ditches, and other bodies of water under the Clean Water Act, as determined by the Environmental Protection Agency and the U.S. Army Corps of Engineers.  

Pillen claims the revised rule is government overreach.

“The revised rule creates greater government overreach, produces additional red tape, and leads to uncertainty for landowners and businesses,” said Governor Pillen. “This will have a negative economic impact at a time when our state is already dealing with increased costs, supply chain issues, and staffing shortages.” 

Iowa Gov. Kim Reynolds claims changing the rule would put a strain on farmers.

“The WOTUS definition has been under scrutiny for nearly twenty years, and your Administration’s rule only further complicates the efforts to create certainty under the CWA for rural communities,” said Reynolds. “The problem is exacerbated by the pending Supreme Court ruling. To change the rule multiple times in six months is an inefficient and wasteful use of State and federal resources and will impose an unnecessary strain on farmers, builders, and every other impacted sector of the American economy.”

The 25 governors which signed the letter in opposition are asking for the Biden administration to wait until after an upcoming Supreme Court Decision, Sackett v. EPA. which asks the Court to clarify the test for determining if wetlands are “Waters of the United States” under the Clean Water Act. The ruling is expected this summer. The new rule takes effect March 20, 2023.

 

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