AFBF Files Suit Against Corps of Engineers in CWA Case

The American Farm Bureau Federation has filed an action against the U.S. Army Corps of Engineers for what the organization calls another example of regulatory overreach. The suit, filed by AFBF and the U.S. Sugar Corporation in the U.S. District Court in Washington, D.C., takes the Corps to task for non-compliance with its own rules regarding prior-converted croplands.

The suit argues that recent action by the Corps goes against the 1993 rule that excluded prior-converted croplands from regulation under the Clean Water Act (CWA). The Corps’ actions would subject croplands to federal control if farmers take their prior-converted cropland out of crop production and change its use. There are currently more than 53 million acres of prior-converted cropland in the U.S.

“These lands are out of the realm of Clean Water Act jurisdiction, meaning the Corps can’t regulate them as waters of the U.S.,” said AFBF President Bob Stallman. “This is important because the value of prior-converted croplands is significantly higher than land encumbered by costly federal wetlands regulations.”

One response to this post.

  1. Posted by Doug Koehn on March 27, 2010 at 8:17 pm

    Once again we are feeling the extended arm of the Gov’t. They seem to be on a roll towards controlling more and more of our personal life and our private property. HB 1188 is a prime example of goodwill to the rafting community and then that goodwill turning around and possibly biting us. I read in the Cheiftan this morning that the rafters are considering eminent domain. This is what I consider an unintended consequence. It seems almost like one should not give an inch because down the road they could take more than a mile. I also understand that the rafting community is unwilling to put up an insurance program to cover possible damage or lawsuits as a result of their portaging. Enough said.


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