Mariannette Miller-Meeks and Rodney Davis: Why we’re taking action on behalf of America’s farmers, landowners
Whether you’re a homebuilder in LeClaire, a soybean farmer in Mercer County, or a small-business owner in any one of the many communities we represent across southeast Iowa and central Illinois, it’s likely you have heard — or downright fear — the term “WOTUS,” or “waters of the United States.”
WOTUS refers to the definition that determines which bodies of water are regulated under the federal Clean Water Act, and for decades, the lack of a clear definition has plagued rural America, creating confusion and unpredictability for nearly every farmer, rancher, small business, and private landowner. Historically, the definition — or the lack of clear parameters for it — has been used by extreme interest groups and serial litigators to slow, delay, or stop all forms of development in communities across the United States.
Earlier this year, the U.S. Supreme Court announced they would hear Sackett v. Environmental Protection Agency (Sackett), a case that could put forth the proper test for finally defining WOTUS once and for all. In deciding Sackett, the Supreme Court has the opportunity to provide the certainty our farmers, ranchers, and landowners have long deserved.
So, in light of this pivotal moment, we are taking action on behalf of rural communities in Iowa, Illinois, and across the United States to underscore the need for a clear, narrow definition of WOTUS.
We felt it was critical that the voices of our constituents were heard and included in these critical deliberations, which is why we submitted an amicus brief to the Court in support of the Sackett family, who are fighting in our nation’s highest court to build upon their own property in Idaho.
Our brief highlights the importance of state, local, and private conservation efforts and how a far-reaching federal mandate, like the 2015 Obama-Biden WOTUS rule, actually impedes upon this ongoing, effective conservation work to protect our clean water. It also outlines the legislative history of the Clean Water Act, clearly demonstrating that Congress never intended for the Environmental Protection Agency to have effectively limitless jurisdiction over every stream, ditch, and puddle.
Unfortunately, that’s exactly what a vague and sweeping Clean Water Act has led to.
Under the 2015 WOTUS rule, nearly 97% of land in Iowa would be under federal jurisdiction. Farmers and ranchers — including the 2,000 Illinois producers who filed public comments in opposition to the Biden Administration’s recent WOTUS rulemaking — who are working to innovate conservation practices, improve local ecosystems, or even simply rotate their crops or build a pond on their own farms would be punished by fines, permitting fees, and bureaucratic delays.
We aren’t being facetious when we caution the repercussions of an expansive Clean Water Act. Private citizens — including examples in our home states – are currently being targeted by the Biden administration under the pretense of so-called “environmental degradation” for seeking to — gasp — build a pond!
The administration has compiled a list of 333 targets of these types of “degradation” across the country. A farmer in central Illinois spent $55,000 on a new pond on his property — including $10,000 on trees, fish, grasses, and wildflowers based upon his consultations with the Natural Resources Conservation Service (NRCS) — to build a new refuge for flora and fauna. He is included in this list of supposed bad actors.
Another farming family in Des Moines County sought to expand a pond that currently supports a lake in the Big Hollow Recreation Area from siltation. The dirt used from the excavation was also to be utilized for repairs and reconstruction of Highway 61. Again, in this case, a family has been targeted by the Administration for apparently harming the environment. What’s important to note is that the project never moved forward — no action was ever taken – yet federal agencies are arguing environmental degradation simply by how the land is currently categorized.
In both of these cases, private citizens — acting as good stewards — worked with federal agencies like the U.S. Army Corps of Engineers and the NRCS to best support the environment and their communities. What incentive is there for landowners to be such stewards when they encounter convoluted bureaucracies and are punished with threats of fines and condemnation?
We are proud to challenge these broken policies as members of the Congressional Western Caucus, a group of 75 members of Congress from across the United States who advocate for locally-led and science-based conservation and private property rights guaranteed by the Constitution. We understand that rural communities are committed to clean water, and, as our brief argues, states, local communities, and private citizens are far more effective than the federal government when it comes to achieving real, lasting results.
Rural America is the backbone of our nation. We know this case could have massive implications on the ability for rural economies and local communities to thrive, which is why we will continue to tell the stories of our constituents and work to deliver the certainty our districts deserve.
Republican Mariannette Miller-Meeks represents Iowa's 2nd Congressional District. Republican Rodney Davis represents Illinois' 13th Congressional District.