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Legislative News and Views - Rep. Paul Anderson (R)

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New EPA water regulations cause ripples

Monday, August 31, 2015

 

By Rep. Paul Anderson

Despite numerous efforts to stop its implementation, the Environmental Protection Agency, on Aug. 28, put into effect new regulations pertaining to Waters of the United States (WOTUS). According to the agency, it’s an effort to clarify a long-standing law in this country known at the Clean Water Act. However, many groups have vigorously opposed the new rules, saying they vastly expand the scope of the law. Late last week, a federal judge in North Dakota granted an injunction that temporarily stops the rule from going effect, but only in the 13 states that signed on to the lawsuit. Unfortunately, Minnesota was not one of those states as our attorney general chose not to participate.

In his ruling, the judge said that states are facing imminent harm from the rule’s implementation. He went on to say that the agency (EPA) violated authority granted to it by Congress, and it failed to follow Supreme Court precedent. Despite those rather strong words, the EPA announced that WOTUS was going into effect in the other 37 states in this country (including Minnesota). According to the official view of EPA, the judge’s ruling applies only to the 13 states that are part of the lawsuit. However, lawyers representing the other side of the issue say the court ruling means the EPA cannot enforce the rule nationally.

This entire matter involving the WOTUS rule has been confusing from the beginning. Greatly expanding the term “navigable waters” to include any pot hole or low spot that fills with water following a heavy rainfall is concerning to those who farm the land. But it could also affect any landowner or homeowner who wants to move soil for any reason. The EPA, in an effort to quiet the protests from agriculture, has said there will be exemptions from the new rule. However, there is confusion and even mistrust concerning just what those exemptions will cover. Taken at face value, this new rule is extremely onerous and represents a huge taking of land rights by the federal government.

This “victory” granted by the North Dakota judge is only temporary, as the injunction will last only as long as litigation persists, and it can be overturned. Congress, namely the Senate, needs to pass legislation that overturns WOTUS. However, even if that should happen, it’s unclear if President Obama would sign the bill.

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Minnesota’s turkey industry is slowly recovering from this spring’s devastating outbreak of avian influenza. At last count, around 40 sites that were affected have restocked their barns with birds. Another 37 farms have completed all the processes required to be cleared for restocking. There have been no new outbreaks since June 5, although the disease could flare up again this fall when migrating birds return to Minnesota. A message on the Board of Animal Health website pretty well sums up the situation by saying “since the beginning of March, Minnesota has worked through the most significant animal disease event in the history of the state.”

On our ag tour last week, House members visited the poultry testing lab in Willmar and got a first-hand update on how testing for the disease was done and what could happen this fall. Dr. Carol Cardona, of the University of Minnesota, said they anticipate possible “single outbreak events,” meaning that if the disease hits again, it would hopefully be confined to single locations and not spread like it did this past spring.

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