WOTUS
This spring , the Supreme Court ruled unanimously in the Sackett v . EPA case that the Biden administration ’ s Waters of the U . S . ( WOTUS ) rule was unconstitutional , and they soundly rejected the contentious “ significant nexus ” test citing arguments made in NCBA ’ s amicus brief to the Court . This was a huge win for cattle producers , providing regulatory relief to thousands of producers , many of whom had to retain costly legal services to protect themselves from potential criminal penalties under the nowrescinded WOTUS rule .
In August , the Environmental Protection Agency ( EPA ) issued a final rulemaking amending the 2023 WOTUS rule to conform with the Supreme Court ’ s ruling . The updates to the WOTUS rule include the elimination of “ interstate wetlands ” from the list of jurisdictional waters and the removal of the “ significant nexus ” test when identifying waters as federally protected . The EPA also redefined “ adjacent ” as “ having a continuous surface tension ,” to be used when evaluating water features and kept all the agricultural exemptions that NCBA fought for in the updated rule .
NCBA has been heavily involved in litigation surrounding the WOTUS rule for more than eight years and fought against other onerous Clean Water Act rulemakings for decades before this . This was a long battle , but it was well worth it since cattle producers have been given much needed certainty to make improvements on their operations without running the risk of severe criminal penalties and fines .
NEPA
In June , Congress passed the Fiscal Responsibility Act , which extended the debt limit until the start of 2025 . Due to NCBA ’ s efforts , included in that must-pass legislation were two provisions reforming the National Environmental Policy Act ( NEPA ) process and are huge wins for cattle producers . One of the provisions is the “ BUILDER Act ,” which limits what qualifies as a “ major federal action .” It also reduces agencies ’ ability to miss NEPA deadlines and increases interagency collaboration . This will help prevent costly delays that cattle producers must comply with on many range improvement projects .
The second provision directs the Council on Environmental Quality ( CEQ ) to conduct a study on applying digital technologies to streamline efficiencies in permitting processes through an online portal . Outdated NEPA processes have prevented the use of good science and 21st century technology to the detriment of cattle producers , and this study will help recognize the best ways to speed up the permitting process . In August , CEQ published updated draft guidance directing agencies to adopt these provisions , but with some additional sideboards which appear to undermine Congress ’ clear direction to simplify NEPA . Through regulatory comments and additional oversight , NCBA is fighting hard to protect these NEPA improvements from being rolled back by any CEQ rulemaking or by Congress in the appropriations process .
Endangered Species Act
This summer , the U . S . House of Representatives passed two species-specific Congressional Review Act ( CRA ) resolutions that NCBA supported and worked to advance . The CRA allows Congress to nullify a regulation from a federal agency , like the EPA or Fish and Wildlife Service ( FWS ). These two CRA resolutions would nullify the Endangered Species Act ( ESA ) listings of the lesser prairie chicken and northern long-eared bat . These two listings are extremely detrimental to the cattle industry and would create numerous liabilities for producers . The resolutions were first introduced in the U . S . Senate and passed with bipartisan support . Now , they go to President Biden for his signature . Although the President vetoed the measures , this is an important bipartisan and bicameral push from Congress to show that legislators , as well as cattle producers and the numerous other industries they represent , strongly oppose these administrative actions . NCBA will continue to use all available avenues , including the Congressional Review Act , to oppose the administration ’ s overreach through the ESA .
10 NATIONAL CATTLEMEN DIRECTIONS 2023