National Cattlemen’ s Beef Association
JANUARY 2026 | Vol. 42, No. 3 | NCBA. org
EPA LISTENS TO THE CATTLE INDUSTRY ON NEWLY PROPOSED WOTUS RULE
On his family farm in southwestern Virginia, fifth-generation cattleman Gene Copenhaver has spent years looking at a small creek cutting through one of his pastures. The creek is dry most of the time and only has a trickle of water in it after heavy rain. Depending on the presidential administration in office, the Environmental Protection Agency( EPA) has gone back and forth on whether this small dry creek is a“ water of the United States,” or WOTUS.
To be designated a WOTUS means the federal government has broad permitting, management and enforcement authority over that body of water. Under the Clean Water Act, the EPA has a duty to prevent the pollution of our nation’ s lakes, rivers and oceans. For livestock producers, having a WOTUS on their property means endless permitting before being allowed to construct anything— even tasks as simple as building a pond or maintaining a fence— and a loss of grazing access.
Making this situation worse is the fact that the federal government has constantly gone back and forth when deciding what types of water features would be regulated. Since the Clean Water Act became law in 1972, cattle producers have seen 13 different definitions of WOTUS. On average, the definition changes every 3.8 years.
This uncertainty is why WOTUS has long been a top policy priority for the National Cattlemen’ s Beef Association( NCBA). Conflict over WOTUS came to a head during the Obama administration when the EPA issued a rule that said numerous small, isolated, largely dry features would be regulated as a WOTUS. Ditches, prairie potholes, playa lakes, and ephemeral streams( streams that only carry water when it rains) commonly found on farms and ranches suddenly became regulated the same way as large lakes, rivers and oceans.
The Trump administration soon crafted a new rule saying water features would only be regulated if they were
Cattle producers seek clarity on WOTUS legislation.
navigable, limiting federal authority over isolated features and areas that only carried water following a rain or snow event. Unfortunately, the Biden administration soon came in afterwards with their own rule that repealed many of the benefits for agriculture in the first Trump rule.
When the Biden rule was finalized, NCBA took the EPA to court in January 2022. At the time, producers like Copenhaver pointed out how the Biden rule added confusing regulations to farmers and ranchers.
“ Farmers are stewards of the land and understand the importance of clean water. Unfortunately, this rule lacks common sense and makes our lives more complicated,” Copenhaver said.
Continued on page 7
EXPLORE DOWNTOWN NASHVILLE | PG. 8
We created a guide for the best things to do and try while you’ re in Nashville for CattleCon.
NATIONAL ANTHEM WINNER | PG. 10
Gracyn Stevens of Indiana will perform the National Anthem for cattle producers.
PLANT CLOSURES | PG. 16
Terrain and CattleFax explore the implications of the Tyson packing plant closure in Nebraska.