WASHINGTON (July 16, 2021) — On Wednesday, the U.S. District Court in South Carolina dismissed a challenge to the Navigable Waters Protection Rule (NWPR) and granted a remand without vacatur, ensuring the rule remains in effect until the Biden Administration finalizes a new rule. NCBA, along with other agricultural groups, are engaged in litigation across the country to defend the NWPR and are pleased with this key legal victory.
“The NWPR is a major improvement to the widely overreaching 2015 Waters of the United States (WOTUS) rule,” said NCBA Chief Environmental Counsel Scott Yager. “NCBA has long fought to protect private property rights and oppose the unnecessary expansion of federal jurisdiction over isolated and temporary water features. This decision is a victory for America’s cattle producers, ensuring regulatory certainty while the Biden Administration moves through the lengthy rulemaking process. NCBA opposes any federal action that hinders producers’ ability to make investments in their land and care for their cattle. Moving forward, NCBA will continue engaging with the Biden Administration, Congress, and the Courts to protect cattle producers’ property rights.”