Legal status of the Navigable Waters Protection Rule


Ashley Kohls, Director of Government Affairs talks with Scott Yager, NCBA Chief Environmental Council on the recent Navigable Waters Protection Rule.

On June 22nd, the Navigable Waters Protection Rule (NWPR) became effective law in all states but Colorado. In light of the court-ordered stay, Colorado will continue to act under the 1987 Rule and post-Rapanos guidance. All other 49 states are now living under the NWPR. This is a solid victory as we have completed the first hurdle on the road to Supreme Court endorsement of the Trump Administration’s NWPR.

The Trump administration’s replacement of the disastrous 2015 WOTUS Rule is a win for the cattle industry. The NWPR draws back the federal overreach of the 2015 WOTUS Rule and provides clarity on farm exclusions. As the NWPR is a major achievement of the Trump Administration, it is being challenged in multiple courts across the country by several coalitions of activists and Democratic AGs.

Anticipating the courtroom battles, NCBA’s Officers and Executive Committee elected to continue our leadership on this issue by intervening in select cases to defend the rule. Our litigation coalition filed motions for intervention in lawsuits in South Carolina, California, and Colorado. The judge in South Carolina granted our motion, allowing us in the lawsuit as defendant-intervenors. We are still waiting for California and Colorado to decide our requests for intervention.

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To follow this litigation and NCBA’s involvement please visit their website:

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