The National Association of State Departments of Agriculture (NASDA) called on the Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers (Corps) to withdraw their proposed rule to redefine “Waters of the United States” (WOTUS) under the Clean Water Act (CWA) in comments submitted to both agencies.

“The proposed rule is fatally flawed and would result in significant complexity and uncertainty for state regulatory agencies and the regulated community. NASDA urges the agencies to withdraw the proposed rule and initiate robust, meaningful, and collaborative consultation with state agencies, agency associations, and impacted stakeholders on the appropriate scope of—and limits to—federal CWA jurisdiction,” said NASDA CEO Dr. Barbara Glenn.

NASDA previously submitted comments expressing concerns about the highly controversial Interpretive Rule for Agricultural Conservation Practices. In September, NASDA Members voted unanimously on an action item to encourage the agencies to engage state regulators and other stakeholders before moving forward with implementation or further rulemaking.

“As it stands, this proposed rule undermines state authorities over our precious natural resources, is inconsistent with Supreme Court limits on non-navigable waters jurisdiction, will impact existing programs under the CWA, and, most importantly, will have adverse impacts on the farmers and ranchers that feed our globally expanding population. This rule must be withdrawn,” said Glenn

NASDA is a nonpartisan, nonprofit association which represents the elected and appointed commissioners, secretaries, and directors of the departments of agriculture in all fifty states and four U.S. territories. To learn more about NASDA, please visit