WOTUS Rule Effective Date Set for Aug. 28, 2015

On Monday June 29, 2015, the EPA published the final CleanWater Rule, also known as the Waters of the United States (WOTUS) rule, in the federal register setting the effective date for August 28, 2015.

According to the text of the rule, the rule is meant to “clarify the scope of the waters…protected by the Clean Water Act (CWA)…” The rule maintains current exemptions for activities, and in some instances expands the exceptions “to make it clear that this rule does not add any additional permitting requirements on agriculture.” According to an EPA fact sheet, the Clean Water Rule is meant to provide greater clarity for agriculture within the existing requirements.

The American Farm Bureau Federation has claimed that the final WOTUS rule is broader than the original proposed rule, and rather than clarifying the requirements, creates more uncertainty for farmers. The Farm Bureau claims the new exceptions are too narrow to be of use, or so unclear as to be open only to agency interpretation.

The 60-day period for judicial review of the rule is set to begin on July 13, 2015.

Written by Tyler R. Etter- Research Assistant
June 29, 2015

American Farm Bureau Federation Files Suit Against the EPA Claiming Unwarranted Invasion of Privacy

On July 5, 2013, the American Farm Bureau Federation (AFBF) and the National Pork Producers Council filed suit against the U.S. Environmental Protection Agency for declarative and injunctive relief prohibiting the EPA from releasing the personal information of farmers through Freedom of Information Act (FOIA) requests. The suit was filed in the U.S. District Court for the District of Minnesota.

Organizations such as Earthjustice and the Humane Society of the United States have requested information regarding CAFOs (concentrated animal feeding operations) in 35 states under FOIA to date. According to the complaint filed by AFBF, information about the specific location of certain CAFOs, the owners’ names, and other details, has already been disseminated to these organizations in 29 states. This information stands to be rereleased on July 11, 2013 along with similar information regarding CAFOs in six other states. Plaintiffs allege that the information requested about these CAFOs is protected under Exemption 6 of FOIA because the public release of this information is personal in nature. The complaint explains that the locations of CAFOs are often the home addresses of the farmers, and releasing this information is an unwarranted invasion of personal privacy.

Previously, the EPA has justified its policy on the release of personal information under FOIA by explaining that the public has an interest in understanding how the EPA and authorized states are implementing the Clean Water Act, which is applicable to CAFOs.

Please visit the AFBF website for a copy of the complaint. For more information on the EPA’s compliance with FOIA, please visit the EPA’s website on public information regulations.

This case is docketed at 13-01751.

 

Written by Sarah Doyle - Research Assistant

The Agricultural Law Resource and Reference Center

July 8, 2013

“Death Tax Repeal Act of 2013” Introduced in House and Senate

On June 19, 2013, legislation known as the Death Tax Repeal Act of 2013 was introduced in the U.S. House and the U.S. Senate that would permanently repeal the estate tax. The legislation would also maintain stepped-up basis, and make permanent a 35 percent gift tax rate and $5 million lifetime gift tax exemption indexed for inflation. The American Farm Bureau Federation supports the legislation, noting the crippling effects the estate tax can have on family agribusinesses and surrounding communities when the tax exceeds cash and liquid assets possessed by surviving family partners.

The full text of the bills (S 1183 and HR 2429) is not yet available on the Library of Congress website.

Written By Sarah Doyle – Research Assistant

The Agricultural Law Resource and Reference Center
June 21, 2013