The Crush - February 2020 - 5

[ FEDERAL FOCUS ]

USMCA Signed, WOTUS Redefined

TRADE DEAL AND NEW RULE WERE PART OF A BUSY JANUARY IN D.C.
TRUMP SIGNS USMCA, BUT
FINAL IMPLEMENTATION IS
MONTHS AWAY
President Trump on Jan. 29 signed
the U.S.-Mexico-Canada Agreement
(USMCA) during a White House
ceremony, calling the deal "a colossal
victory for our farmers, ranchers...and American workers in all
50 states." U.S. Trade Representative Robert Lighthizer thanked
members of Congress who "made this a bipartisan success." The
three countries first announced the agreement in October 2018.

and accelerate critical infrastructure
projects," said EPA Administrator
Andrew Wheeler. "After decades of
landowners relying on expensive
attorneys to determine what water on
their land may or may not fall under
federal regulations, our new Navigable
Waters Protection Rule strikes the proper
balance between Washington and the states in managing land
and water resources while protecting our nation's navigable
waters, and it does so within the authority Congress provided."

According to Cornerstone Government Affairs, "The road will
be long and winding toward final implementation, which likely
won't go into effect until the fall. All three countries must take
steps before the new agreement officially replaces NAFTA.
For example, Canada's parliament still needs to ratify the deal,
which is expected by April. All three countries must meet the
agreement's obligations before it can enter into force by certifying
compliance to each other, which could take months. Past trade
agreements have taken anywhere from three months to two years
before taking effect, but the Trump administration is eager to
have USMCA fully in effect before Election Day."

The two agencies are streamlining the definition so that it
includes four simple categories of jurisdictional waters, provides
clear exclusions for many water features that traditionally have
not been regulated, and defines terms in the regulatory text that
have never been defined before. The four categories that are
federally regulated under the Clean Water Act are:

NAVIGABLE WATERS PROTECTION RULE
The long-awaited redefinition of "waters of the United States"
(WOTUS) was announced on Jan. 23 by the U.S. EPA and the
Department of the Army.
The Navigable Waters Protection Rule will provide "much
needed regulatory certainty and predictability for American
farmers, landowners and businesses to support the economy

Researchers Examine
Potential Economic
Impact of Spotted
Lanternfly

1. The territorial seas and traditional navigable waters.
2. Perennial and intermittent tributaries to those waters.
3. Certain lakes, ponds, and impoundments.
4. Wetlands adjacent to jurisdictional waters.
In California, this action will shift primary permitting authority
over many waters and wetlands to the State Water Resources
Control Board (board). Last year, the board adopted a program to
regulate discharges to wetlands and other "waters of the state."
This new state program, which takes effect in May, protects ag
land but also covers all surface waters and groundwaters in
California. (Clark Morrison of Cox, Castle & Nicholson contributed to
this brief analysis)

Penn State University economists recently
released a report highlighting the potentially
severe economic consequences to the state
if spotted lanternfly (SLF) is not contained.
According to the report, if SLF spreads
throughout Pennsylvania, then expected
overall economic losses would be $324.9
million annually. Under a worst-case
scenario, economic losses could increase to
$554 million, with a loss of nearly 5,000 jobs.

While live SLFs have not yet been found
in California, the California Department
of Food and Agriculture and University
of California researchers are on high alert
for the destructive pest. They are urging
growers and the public to be on the
lookout for the pest and report sightings to
officials. UC Cooperative Extension Sonoma
County published a bulletin and photos
at cesonoma.ucanr.edu/Integrated_Pest_
Management685/Spotted_Lanternfly_187/.

Image: Pennsylvania Department of Agriculture

FEBRUARY 2020 / 5

https://www.epa.gov/nwpr/navigable-waters-protection-rule-step-two-revise https://www.rural.palegislature.us/documents/reports/Spotted-Lanternfly-2019.pdf https://www.rural.palegislature.us/documents/reports/Spotted-Lanternfly-2019.pdf https://www.rural.palegislature.us/documents/reports/Spotted-Lanternfly-2019.pdf http://cesonoma.ucanr.edu/Integrated_Pest_Management685/Spotted_Lanternfly_187/ http://cesonoma.ucanr.edu/Integrated_Pest_Management685/Spotted_Lanternfly_187/

The Crush - February 2020

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