"For years, the U.S. Environmental Protection Agency has been frustrated in its efforts to pursue hundreds of cases of water pollution — repeatedly tied up in legal fights about exactly what bodies of water it has the authority to monitor and protect. Efforts in Congress to clarify the EPA's powers have been defeated. And two Supreme Court decisions have done little to decide the question.
Most recently, in April, the EPA itself declared what waters were subject to its oversight — developing a joint rule with the U.S. Army Corps of Engineers that sought to end the debate and empower the EPA to press hundreds of enforcements actions against alleged polluters across the country.
The new rule, for instance, explicitly defines several terms — tributary, floodplain and wetland — and makes clear that those waters are subject to its authority.
But the EPA's effort has been met with immense opposition from farmers who say the agency is overreaching. An expansive online campaign organized and financed by the American Farm Bureau Federation has asserted that the new rule will give the EPA jurisdiction over farmers' irrigation ditches, watering ponds and even puddles of rain."