Statement by TFB President Russell Boening on final Waters of the U.S. rule

The following statement may be attributed to Texas Farm Bureau President Russell Boening following today’s issuance by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers of their final Waters of the United States Rule.

“Texas Farm Bureau is extremely disappointed in the final Waters of the United States rule issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers.

"The rule does not provide the needed clarity and certainty that has been requested by Texas farmers and ranchers. In fact, the rule allows the federal government to expand its jurisdictional reach over private property. It is incredibly difficult for a farmer or rancher to understand if they have a jurisdictional feature on their property.

"The agencies have doubled down on their use of the troubling significant nexus test. This will require landowners to hire environmental consultants, attorneys and engineers to ensure that they are in compliance.

"We are hopeful the U.S. Supreme Court will soon provide some clarity on the use of the significant nexus test.”