The American Soybean Association (ASA) is pleased that the U.S. Environmental Protection Agency (EPA) and Army Corps of Engineers have developed a proposed Waters of the United States (WOTUS) rule that takes into account comments by ASA and other impacted stakeholders that aim to protect our waterways while offering a workable solution for farmers. Soybean producers appreciate the significance of clean water and strive to be responsible stewards of our water, land and environment. But it is important that any policies be in line with the intent of the law and the rulings of the Supreme Court—to protect our resources through responsible and practical rules and regulations.

ASA president and soybean farmer from Clinton, Ky, Davie Stephens said, “We appreciate the work done by the EPA and the Army Corps to provide regulatory certainty to farmers and landowners by clearly outlining the regulated bodies of waters, defining the terms, and remaining within the jurisdiction of the Clean Water Act (CWA).”

Stephens continued that, “While ASA will review the rule in greater detail before submitting formal comments, we are pleased that it is based on the standard set out by the late Supreme Court Justice Antonin Scalia in Rapanos v. United States that the CWA should apply only to ‘navigable waters’ connected by a surface flow at least part of the year, with other waters to be regulated by the states.”

ASA looks forward to commenting on the proposed rule and working toward a policy that protects U.S. waters without going beyond the jurisdiction of the law or placing an undue burden on soybean farmers and private landowners.