Newhouse Requests Hearing on Bipartisan Legislation to Provide Regulatory Certainty for Farms

Press Release

Date: Oct. 24, 2017
Location: Washington, DC

U.S. Representative Dan Newhouse (R-WA) today requested a legislative hearing in a letter to House Energy and Commerce Committee Chairman Greg Walden (R-OR) and Rep. John Shimkus (R-IL), Chairman of House Energy and Commerce Subcommittee on the Environment, on H.R. 848, the Farm Regulatory Certainty Act. Rep. Newhouse introduced the bipartisan legislation earlier this year. H.R. 848 reaffirms and clarifies Congress' intent regarding the inappropriateness of subjecting agricultural operation nutrient management activities under the Resources Conservation and Recovery Act of 1976 (RCRA). The legislation will offer increased protection for individuals diligently seeking to treat identified issues, and prevent farmers from being targeted twice if they are already engaged in legal action or are making a diligent attempt to work with the state or federal government to address issues.

"While I agree there are a number of statutes that do govern agricultural nutrient management practices, Congress never intended for RCRA to be one of those statutes," said Rep. Newhouse in the letter. "Moreover, the Environmental Protection Agency's regulations confirm that agricultural wastes, such as manures and crop residues, were not intended to be governed under RCRA."

Rep. Newhouse continued in the letter: "This commonsense legislation would clarify Congressional intent on this statute, work to restore a relationship of trust and confidence between farmers and regulators, and would prevent farmers who are already engaged in legal action who are diligently working with the state or federal government to address nutrient management issues from being targeted by citizen suits."

The Farm Regulatory Certainty Act would:

Reaffirm and clarify congressional intent regarding the inappropriateness of subjecting agricultural nutrients to RCRA.
Prevent farmers who are already engaged in legal action or are making a diligent attempt to work with the state or federal government to address nutrient management issues from being targeted by citizen suits.
The Farm Regulatory Certainty Act would not:

Prevent the EPA from enforcing current regulations under the Safe Water Drinking Act, the Clean Water Act, or any other applicable law.
Exempt livestock producers from any laws or regulations intended to govern agricultural operations.


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