Introduction of the Farm Regulatory Certainty Act

Floor Speech

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Mr. NEWHOUSE. Mr. Speaker, I rise today to introduce my legislation, the Farm Regulatory Certainty Act. In 2015, a federal judge ruled in a citizen suit that dissolved manure nitrates constitute a ``solid waste'' under the Resource Conservation and Recovery Act (RCRA), and held four Washington State dairies culpable of ``open dumping'' due to their nutrient management practices. A farmer myself, I firmly believe farmers have and must continue to lead the charge on good stewardship and conservation. While I agree there are a number of statutes that do govern nutrient management practices, Congress never intended for RCRA to be one of those statutes. Moreover, the EPA's regulations confirm that agricultural wastes, such as manures and crop residues, were not intended to be governed under RCRA. This misguided ruling has placed farmers across the country in a legal gray area. It is unfair for agricultural nutrients to be exempt from law, then have a court find farmers at fault for non-compliance with the very law they are exempt from. Farmers need certainty as to what rules apply to them.

The legislation I introduce today would clarify and reaffirm that RCRA was not intended to govern nutrient management activities. Moreover, this bill would prevent farmers who are already engaged in legal action and who are diligently working with the state or federal government to address nutrient management issues from being targeted by citizen suits.

We want to continue to encourage farmers to be good stewards, and create an environment where farmers can feel comfortable working with state and federal regulatory agencies to address stewardship issues-- not have farmers fear that documents and samples provided to regulators will be acquired by third-parties and used against them in these ``double-jeopardy''-like lawsuits. This commonsense legislation will clarify Congress' intent on this statute, and work to restore a relationship of trust and confidence between farmers and regulators.

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