Commissioner Miller comments on amended Waters of the U.S. rule by EPA

Austin—The U.S. Environmental Protection Agency (EPA) issued a final rule on an amended Waters of the United States (WOTUS) implementation program. The “final” rule was published without input from citizens after the EPA bypassed the standard public comment period.

“It is outrageous that the EPA is immediately implementing the WOTUS rule without formal public input from the people. They are cramming this down the throats of farmers and ranchers across the country. The Texas Department of Agriculture has prior legal rulings that prohibit this overreach from being enforced in our great state,” Miller said.

On March 19, 2023, in Texas, et al v. EPA, the United States District Court for the Southern District of Texas issued an order enjoining the EPA and Army Corps of Engineers from implementing the WOTUS rule in Texas. This means the court order will stay in effect, thanks to the work of TDA and others.

“Today’s amendments claim to conform the WOTUS rule to legal precedent, but they don’t come close to fixing the problems this rule presents to agriculture,” Miller said. “The negative impacts of this rule are still tremendous. We will continue to fight for the rights of farmers and ranchers.”