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List raises renewed concerns about EPA reach

Illinois farmers hope an expanded federal list of “wetlands” plants will not help the U.S. Environmental Protection Agency (EPA) sow new seeds of ag regulation.

Martin Ross

Published: May 18, 2012

The U.S. Army Corps of Engineers has added 1,472 plant species to its existing database of plants used by the Corps, EPA, and other agencies to identify wetlands areas. Additions to the National Wetland Plant List are effective June 1.

According to the Corps, added species boost the list by 22 percent. It is designed primarily to guide federal and state agencies, scientific and academic groups, and the private sector in planning and monitoring of wetland mitigation/restoration efforts, the Corps said.

At the same time, the environmental newsletter Inside EPA suggests the number of marginal wetlands that may require EPA Clean Water Act permits for drainage or other activities could be on the rise.

Pike-Scott Farm Bureau manager Blake Roderick amplified concerns that the expanded list could provide EPA another way to expand its regulatory reach.

Ag groups have focused attention on EPA “guidance” that proposes expanding the scope of “U.S. waters” under its jurisdiction.

Illinois Farm Bureau seeks to intervene in a federal lawsuit aimed at forcing EPA to override state water quality standards with federal nutrient limits.

Expanding potential wetlands criteria could set the stage for heightened EPA control in key production regions, Roderick warned.

“If they get control of the water, they get control of the land,” he told FarmWeek. “If they change the soils criteria and the plant criteria, all of a sudden they’ve greatly expanded the amount of wetlands they can regulate.”

The additions include several maple as well as pecan and hickory trees; velvetleaf; brome grasses and fescues found in pasture areas; and common pawpaw found in timber areas.

While Congress has intervened in EPA efforts to expand Clean Water Act regulations beyond major “navigable” waters, Roderick noted a continued push by environmental groups and fears that EPA ultimately could “roll over” and issue a regulatory decree armed with expanded wetlands criteria.

In a letter applauding IFB efforts, respective Pike and Scott County Farm Bureau Presidents David Gay and Jeff Schone argued “It is now our turn to directly square off with the environmental community and their efforts to mandate nutrient load limits in the Mississippi River Watershed.”

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