Imagine being fined over a million dollars simply for plowing your own field, land your family has farmed for generations.
This isn't a wild hypothetical; it was reality for California farmer John Duarte under an expansive federal interpretation of “Waters of the United States” (WOTUS) – an Obama-era Environmental Protection Agency policy that needlessly regulated water on private land. Thankfully, EPA Administrator Lee Zeldin and the U.S. Army Corps of Engineers have announced they will move quickly to review and revise the WOTUS definition, and the House of Representatives recently advanced a bill to do the same thing.
These moves are crucial steps toward restoring sanity to regulation and affirming that the goal of policy should be American prosperity, not the preservation of untouched puddles. For too long, WOTUS has been a weapon of federal overreach, allowing bureaucrats to claim jurisdiction over ditches, seasonal streams, and even low spots that temporarily hold water.
Zeldin’s decision is a victory for every American who believes in clear laws and limited government.
No group felt the brunt of WOTUS overreach more acutely than our nation’s farmers. The previous administration’s expansive WOTUS definition cast a long shadow of uncertainty and fear of harassment over America’s agricultural heartland, threatening devastating fines for routine activities. Farmers, America’s original conservationists, are careful stewards of the land. For generations, this land has been their livelihood, their home, and an integral part of their community. They are incentivized to care for it to ensure its health and productivity for years to come.
The notion that every puddle on a farm requires federal oversight presumes that human impact on the environment is inherently negative. Farming, by its very definition, impacts the land. But it does so with care, to create the bounty that feeds our nation and improves the human environment. A sensible WOTUS definition allows farmers to manage their land and water resources effectively, making necessary improvements without the constant fear of federal penalties, which could run as much as tens of thousands of dollars per day. Those costs would inevitably be passed on to consumers.
The prior definition of WOTUS created crippling uncertainty, delaying or even canceling vital energy infrastructure projects like the PennEast pipeline. Such delays don't just stifle development; they impede our nation's ability to provide abundant, cost-effective energy, which is the lifeblood of a thriving economy.
For energy producers, the revised WOTUS definition means reduced uncertainty for energy projects, streamlined permitting processes, and lower compliance costs. This isn't about giving industry a free pass; it's about allowing producers to develop the best forms of energy and for consumers to access them.
When we remove burdensome federal obstacles, we empower American innovation and production, bolstering our energy security and allowing more citizens to live opportunity-filled lives.
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Some may argue that these new policies will harm our environment. However, true environmental progress comes from reasoned policies focused on protecting genuinely significant national waters, not from federal micromanagement of every damp patch of ground. A world of plentiful, affordable energy and thriving agriculture—hallmarks of the America First agenda—enhances our ability to be good stewards and improve our surroundings in ways that benefit both people and the broader ecosystem.
The EPA is offering a welcome return to common sense within an administration that is effectively showcasing high priority wins. But not all wins are as flashy—but they are major victories no less.
To ensure this progress endures, Congress should act to codify the clear and limited definition of WOTUS. The House has begun work: Rep. Mike Collins’ PERMIT Act, which would permanently codify the new WOTUS definition, was recently approved by the Transportation and Infrastructure Committee.
By codifying these protections in statute, the PERMIT Act would give farmers, builders, and energy producers lasting economic certainty. This will prevent future administrations from resurrecting the job-killing, overreaching regulations of the past.
Let’s champion policies that foster energy freedom, respect private property, and recognize that the ultimate measure of any policy is its contribution to American prosperity. This can all be done while protecting the majesty of God’s natural creation. With this course correction, farmers can once again focus on feeding America, and our energy producers can focus on powering our Golden Age without the shadow of arbitrary federal power looming over them.
Carla Sands chairs the foreign policy initiative at the America First Policy Institute. She was ambassador to Denmark during the first Trump administration. Kip Tom is vice chair of rural policy at AFPI. He served as ambassador to the UN food and agriculture agencies during the first Trump administration.
