Missouri joins lawsuit challenging definition of U.S. waters

Julie Smith/News Tribune
Flanked Thursday by elected Missouri officials and  representatives of agricultural agencies and associations, Gov. Mike Parson speaks to the media about a lawsuit filed by Attorney General Andrew Bailey against the Biden Administration regarding proposed Waters of the United States rules.
Julie Smith/News Tribune Flanked Thursday by elected Missouri officials and representatives of agricultural agencies and associations, Gov. Mike Parson speaks to the media about a lawsuit filed by Attorney General Andrew Bailey against the Biden Administration regarding proposed Waters of the United States rules.

Missouri has joined 22 other states in a lawsuit disputing changes to waterways the federal government will consider protected by the Clean Water Act.

Leveled against the U.S. Environmental Protection Agency and Army Corps of Engineers, the 65-page lawsuit was filed Feb. 16 in North Dakota. Missouri Attorney General Andrew Bailey joined Gov. Mike Parson and Missouri Farm Bureau President Garrett Hawkins in a news conference Thursday to talk about the suit and Missouri's involvement.

"President Biden's rush to issue this rule is nothing short of a land grab. It is an attempt to turn Missouri agricultural land over to federal, unelected bureaucrats -- federal, unelected bureaucrats at the EPA," Bailey said. "And we're not going to let it happen."

The EPA and Army Corps of Engineers published an updated definition of "waters of the United States" Jan. 18, with updates slated to take effect March 20.

The new rule restores the definition of "waters of the United States" to a pre-2015 definition, which was in effect for 45 years, and includes updates based on U.S. Supreme Court decisions, scientific developments and the agencies' technical expertise, according to the EPA.

Bailey said the federal government should wait for the Supreme Court to rule on a pending case related to the WOTUS rule before implementing it. The lawsuit asks for a court-issued injunction to stop the rule from taking effect.

Asked what the right definition of WOTUS should be, Bailey said he would rely on the Supreme Court's decision.

"Any standard that gives power to unelected federal bureaucrats ... is always going to be a problem from a legal perspective," he said.

Hawkins, with the Farm Bureau, said he supports the Clean Water Act but the new WOTUS definition adds ambiguity to who has regulatory jurisdiction over drainage ditches and low spots on farms. He said the federal agencies have latitude to "reach whatever conclusion they please."

The new rule presents concerns that the EPA could regulate everyday activities of Missouri farmers, Hawkins said, such as how they move soil or apply products to crops and livestock. He said farmers feel their voices aren't being considered.

"We in Missouri are united from the standpoint that we know how to care for our water and our land, and we can make those decisions best when they're closest to the people," he said.

Parson said his office fully supports the lawsuit because the new rule contains "overly broad and inconsistent definitions."

"As you can imagine, these new rules raise more questions than they give answers for our farmers, our ranchers and our urban and rural communities," the Republican governor said. "Missourians are now forced to try to determine, better yet guess, whether ponds, drainage ditches or other minor water features are regulated by the EPA."

Parson was one of 25 governors to sign a letter to President Joe Biden last month asking for a delay to the WOTUS rule.

"Given the many outstanding issues the recent WOTUS rule generates, particularly in rural America, we ask that you delay implementation of the rule until the Court decides Sackett," the letter states. "Small businesses, farmers and communities across America simply cannot afford another costly revision."

With 95,000 farms and the industry generating about $93.7 billion in economic output, agriculture is considered Missouri's top industry.

Parson said more can be done to support environmental sustainability in agriculture, "it shouldn't be done on the backs of family farmers and small-business owners."

"All we see from this White House is overreach after overreach," Parson said. "Now, our state and the development and management of our own energy, agriculture and transportation industries are the targets."

"Inefficiency and ineffectiveness are what they are selling but out here in the middle of the country, we aren't buying," he continued. "Regulations regarding the waters of the United States are nothing new, but this weaponization of them is."

  photo  Julie Smith/News Tribune photo: Flanked Thursday by elected Missouri officials and representatives of agricultural agencies and associations, Gov. Mike Parson speaks to the media about a lawsuit filed by Attorney General Andrew Bailey against the Biden Administration regarding proposed Waters of the United States rules.
 
 
  photo  Julie Smith/News Tribune photo: Flanked Thursday by elected Missouri officials and representatives of agricultural agencies and associations, Gov. Mike Parson speaks to the media about a lawsuit filed by Attorney General Andrew Bailey against the Biden Administration regarding proposed Waters of the United States rules.
 
 
  photo  Julie Smith/News Tribune photo: Missouri Attorney General Andrew Bailey announced during a press conference Thursday that his office will take action against the Biden Administration over new proposals by the federal government regarding Waters of the United States. Bailey was joined for the media event by Gov. Mike Parson and Garrett Hawkins, president of the Missouri Farm Bureau.