While lower ozone standards proposed by the U.S. Environmental Protection Agency have garnered a lot of headlines in recent weeks, Louisiana Association of Business and Industry President Stephen Waguespack says there’s another EPA proposal that would also deal a blow to the local economy.
“The EPA is plowing ahead with a new agency rule that would greatly expand federal oversight over private U.S. property and water bodies that would potentially regulate for the first time property like ditches, temporary creeks and yes, even puddles,” Waguespack says in a new column published on the association’s website. “This EPA rule, known as ‘WOTUS,’ would circumvent Congress and expand the current federal definition of ‘Waters of the United States’ to regulate water on public and private property in a way that would have serious consequences on property rights, economic development and farming.”
The EPA maintains its new WOTUS rule is needed to clarify its jurisdiction over water bodies, but critics say it will only make the rules more confusing. Along with business and industry groups, many in the agriculture industry are also publicly opposing the proposed rules. A public comment period on the rule recently ended, and the agency does not expect a final rule to be issued until next spring.
But Waguespack says that in addition to regulating traditional navigable waterways, the EPA also wants to regulate adjacent waters and wetlands that have “directional flow paths” to regulated rivers and tributaries.
“These flows can even include temporary water bodies due to seasonal swells or rainfall. Basically, if water accumulates at any time for any reason, the EPA may have a hook to now come in and require a federal permit before the property can be utilized,” Waguespack writes. “The impact of this proposed rule is enormous and its reach will affect us all. The threat of the federal government and its permitting process becoming a roadblock and time delay for most projects and activities on public and private land will increase greatly. For a state like Louisiana that lives, works and plays so close to water in many parts of our state, this rule could forever change our long-held relationship with our beloved landscape.” Read the full column.
