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WOTUS confusion - EPA leaves farmers guessing

WOTUS confusion - EPA leaves farmers guessing


By Jamie Martin

The Environmental Protection Agency (EPA) has come under fire for its opaque guidance regarding the implementation of the Waters of the U.S. (WOTUS) regulations.

The agricultural and construction sectors are particularly vocal about the difficulties they face due to the lack of clarity in the 2023 revision of the rule.

Key terms such as "relatively permanent" and "continuous surface connection," critical to the administration's implementation, remain undefined, causing significant uncertainty among landowners.

The confusion is compounded by the EPA's reluctance to release detailed implementation guidelines, leaving landowners unsure of how to comply with the regulations. This uncertainty could lead to severe penalties, including fines up to $64,000 per day and potential jail time for non-compliance.

The ambiguity has spurred continued advocacy for clearer regulations, with stakeholders pushing for more definite terms and transparent enforcement guidelines to avoid hefty penalties and legal troubles.

The call for clarity has reached the point where formal requests for information have been made, yet responses remain largely unsatisfactory and redacted.

Photo Credit: usda


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