NCBA Celebrates Supreme Court Ruling on WOTUS

The National Cattlemen’s Beef Association (NCBA) is one of many agricultural organizations thrilled with the U.S. Supreme Court ruling Thursday against EPA’s controversial Waters of the United States or WOTUS rule.

The court ruled unanimously in favor of the Sackett family in Sackett v. EPA, soundly rejecting the contentious “significant nexus” test.

NCBA submitted an amicus brief in the Sackett case, encouraging elimination of the Significant Nexus test in exchange for a more practical standard. “In its brief to the Court, NCBA highlighted the unconstitutionality of imposing criminal penalties for violations of vague standards under the Clean Water Act. The Court recognized and reversed the Significant Nexus test, in part due to the constitutional due process risk that it created,” said Mary-Thomas Hart, Chief Counsel for the National Cattlemen’s Beef Association.

NCBA has been heavily involved in litigation surrounding the WOTUS rule since 2015. NCBA filed suit against the Obama-era WOTUS definition, defended the Trump-era definition that brought more clarity to what water features are included under WOTUS, and filed suit against the Biden administration’s WOTUS rule that did not include critical agricultural exemptions.

Listen to an interview with Hart by NCBA Director of Policy Communications Hunter Ihrman.
NCBA interview on WOTUS ruling (4:01)