Michigan Joins Lawsuit Against EPA

The Michigan Farm Bureau has joined in a lawsuit with the states of Michigan, Ohio and Tennessee targeting the U.S. Environmental Protection Agency (EPA) and the implementation of its rule redefining “Waters of the U.S.” in the Clean Water Act.

The opposition comes following the implementation of the rule in August that extends the EPA’s jurisdiction beyond congressionally mandated navigable waterways.

However, a temporary stay has been issued by the 6th U.S. Circuit Court of Appeals blocking that implementation until the legal challenges get sorted out.

Laura Campbell, manager of MFB’s agricultural ecology department, argues the rule has created uncertainty, making it virtually impossible for a farmer to determine if he or she has regulated waters on their farm.

She adds that it basically frees up the EPA to regulate — under the auspices of the Clean Water Act — areas that don’t even have navigable water nearby.

The EPA claims farmers would retain existing exemptions for agricultural practices in regulated areas, but those exemptions only apply to certain limited activities, and those activities cease being exempt if they in any way change newly regulated waters.

More than a dozen lawsuits targeting the new rule have been filed. Thirteen western states successfully obtained an injunction barring WOTUS implementation, but the agency continues pushing WOTUS in the remaining 37 states.

The Michigan Department of Environmental Quality says it will continue to enforce the current state law on wetlands, streams and inland lakes, passed in 2013 with support from MFB members.