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.”
