PERSPECTIVE June 2, 2023
Supreme court WOTUS decision a step in the right direction for Oklahoma agriculture he U.S. Supreme Court ruled in favor of landowner rights in their Sackett v. EPA ruling over the scope of the EPA’s regulatory authority on what waters constitute a Waters of the United States. “Oklahoma Farm Bureau members are encouraged that today’s ruling by the U.S. Supreme Court recognizes the need to consider landowners when the federal government makes rules regarding water use,” said Oklahoma Farm Bureau President Rodd Moesel. “We are pleased the ruling places limits on the EPA’s administrative reach regarding Waters of the U.S., which we hope will ensure more reasonable and realistic rules and actions by the agency in the future.” The Oklahoma Farm Bureau Legal Foundation joined with 20 other state Farm Bureaus to file an amicus curiae – or “friend of the court” – brief in the Sackett v. EPA case review. The court’s majority decision referenced the brief, recognizing the ability of states to regulate water within their boundaries.
Opponents of federal government overreach argued the over-regulation stems from “the absence of a clear and definitive test” to determine what constitutes a WOTUS. The court ruled in favor of the Sacketts, stating the Clean Water Act does not allow the agency to regulate wetlands that are isolated from other bodies of water, protecting the private property rights of landowners. “Farmers and ranchers are the original stewards of the land, and they have a generations-long commitment to the responsible use of our natural resources, including water,” Moesel said. “Oklahoma agriculture producers need to be regarded as trusted partners in ensuring environmental quality, and we hope today’s ruling is the first step to creating a national framework that will consider our industry’s commitment to responsible water use and water quality to empower our farmers and ranchers to continue raising food, fiber and fuel.” This ruling does away with the
“significant nexus” test, which agriculture groups argued was a confusing and burdensome method to determine what constitutes a WOTUS. American Farm Bureau Federation President Zippy Duvall also commented on the decision: “AFBF appreciates the Supreme Court justices for their careful consideration of the implications of Sackett v. EPA. The EPA clearly overstepped its authority under the Clean Water Act by restricting private property owners from developing their land despite being far from the nearest navigable water. “The justices respect private property rights. It’s now time for the Biden administration to do the same and rewrite the Waters of the United States Rule. Farmers and ranchers share the goal of protecting the resources they’re entrusted with, but they deserve a rule that provides clarity and doesn’t require a team of attorneys to properly care for their land.”
Legislative update: groundwater permit protests, OSU veterinary medicine authority he first regular session of the 59th Oklahoma Legislature wrapped up on Friday, May 26, after a busy week that saw more than 225 bills acted upon, including several items of interest to Oklahoma Farm Bureau members. HB 2053 by Rep. David Hardin and Sen. Brent Howard passed the House of Representatives on Monday, May 22, by a vote of 75-16 and the Senate on Thursday, May 25, by a vote of 40-2. This measure will help protect agriculture
producers’ groundwater permits against frivolous protests from environmental and animal rights activists. The final votes were positively influenced by the many calls and emails from OKFB members following an action alert request for support. On Thursday, May 25, both chambers of the legislature successfully completed veto override votes on 13 bills, including a top priority of OKFB, creating the Oklahoma State University Veterinary Medicine Authority. This administrative
change will allow OSU to receive $14 million in annual operational funding and $79 million in one-time capital improvement funding that was approved as part of the larger budget agreement passed on the last day of session. Other state budget highlights revealed during the last week included $37 million for the Emergency Drought Commission, $9 million for rural firefighting resources and $3 million for cedar tree removal projects in the North Canadian watershed.