CALF_News_October_November_2019

48 CALF News • October | November 2019 • www.calfnews.net Gatherings  CALF COMMUNITY Nebraska State Fair Claira Morgan, 11, of Burwell, Neb., assists her little brother, Chase, 6, during the open class Hereford show at the Nebraska State Fair. They are the children of Patrick and Jessica Morgan. Record rainfall during fair time made conditions difficult for the brave souls who weathered the storms. The State Fair capped off what has been the state’s wettest year.  Marching to the music of a mariachi band in Crested Butte, Colo., were Jim and Sondra Whitt, and Betty Jo Gigot.  Notice anything about the difference in price at this grocery store in Crested Butte, Colo.  The Incredible, Edible Egg? CALF in Colorado THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) and the Department of the Army for Civil Works have repealed a 2015 rule that impermissibly expanded the defini- tion of “waters of the United States” (WOTUS) under the Clean Water Act. “[The] EPA and the Department of the Army finalized a rule to repeal the previous administration’s overreach in the federal regulation of U.S. waters and recodify the longstanding and familiar regulatory text that previously existed,” said EPA Administrator Andrew Wheeler. “Before this final rule, a patchwork of regulations existed across the country as a result of various judicial decisions enjoining the 2015 Rule,” said R.D. James, assistant secretary of the Army for Civil Works. This final rule reestab- lishes national consistency across the country by returning all jurisdictions to WOTUS Rule Repealed the longstanding regulatory framework that existed prior to the 2015 Rule. “The 2015 WOTUS Rule was an ille- gal effort by the federal government to assert control over both land and water, significantly impacting our ability to implement vital conservation practices,” said National Cattlemen’s Beef Associa- tion President Jennifer Houston. “After years spent fighting the 2015 WOTUS Rule in the halls of Con- gress, in the Courts, and at the EPA, cattle producers will sleep a little easier tonight knowing that the nightmare is over. Thanks to President Trump and Administrator Wheeler for their com- mitment to farmers and ranchers, and restoring the rule of law. NCBA looks forward to the finalization of a practical Waters of the United States definition that will protect our water resource while allowing cattle producers to do their jobs effectively.” This was the first step – Step 1 – in a two-step rulemaking process to define the scope of WOTUS that are regu- lated under the Clean Water Act. Step 1 provides regulatory certainty, following years of litigation surrounding the 2015 Rule. In this action, EPA and the Army jointly conclude that multiple substan- tive and procedural errors warrant a repeal of the 2015 Rule. For example, the 2015 Rule:  Did not implement the legal limits on the scope of the agencies’ authority under the Clean Water Act as intended by Congress and reflected in Supreme Court cases.  Failed to adequately recognize, pre- serve and protect the primary respon- sibilities and rights of states to manage their own land and water resources.  Approached the limits of the agencies’ constitutional and statutory authority absent a clear statement from Congress. Continued on page 49 