Western Growers supports executive order on WOTUS but calls for more clarity on Clean Water Act

Western Growers President and CEO Tom Nassif recently issued a statement in response to President Donald Trump’s executive order on the Waters of the United States (WOTUS) rule, applauding its intent but urging Congress to go further.

“Our collective livelihoods depend on the abundant availability of clean water, which has been protected over the years by the reasonable application of the Clean Water Act,” Nassif said. “However, we believe the 2015 WOTUS rule exceeded the federal government’s jurisdiction as defined by Congress in the Act, which only intended to give the Environmental Protection Agency (EPA) authority over navigable waterways affecting interstate commerce.”

The order directs the EPA and the Army Corps of Engineers to reconsider WOTUS, which Western Growers argues goes beyond the interpretation of the Clean Waters Act supported by the Supreme Court’s decision in Rapanos v. United States. While Nassif supports President Trump's measure, he pushed for Congress to implement legislation that would permanently settle the scope of the act.

“We believe the order should spur Congress toward much-needed legislation clarifying the reach and extent of federal jurisdiction under the Act,” Nassif said. “Since the Rapanos decision, there has been significant inconsistency in interpretation and application of the Act, which has resulted in harmful unintended economic consequences for landowners. After decades of inactivity, we call on Congress to enact legislation defining the limits of the Clean Water Act.”