“The proposed rule provides none of the clarity and certainty it promises,” the letter states. “Instead, it creates confusion and risk by providing the agency with almost unlimited authority to regulate, at its discretion, any low spot where rainwater collects, including common farm ditches, ephemeral drainages, agricultural ponds and isolated wetlands found in and near farms and ranches across the nation.”
The wheat growers and their allies are getting support from some members of Congress. The House has already passed H.R. 5078 requiring EPA to withdraw the proposal. Language prohibiting EPA from moving ahead with the rule is also included in the Interior Appropriations bill.