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14 WINES&VINES April 2017 WINE INDUSTRY NEWS W ashington, D.C.—On Feb. 28, U.S. president Donald Trump signed an executive order that directs the U.S Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) to roll back the Obama administration's Clean Water Rule of the Waters of the U.S. (WOTUS) regulations that were published in 2015 and imposed many new restrictions on farming. In one example, John Duarte, a major grapevine nursery owner and farmer, was issued a fine of $8 million for violations of the WOTUS act. The infraction didn't involve grapevines, but the sce- nario would be familiar to any grapegrower. "In our Tehama wheat field case, a federal field agent sus- pended my farming operations after incorrectly understanding the operations," Duarte said. "When we allowed federal ex- perts onto the property to fully understand our activities, they found that they were clearly in error—and then, somewhat comi- c a l l y, m o r p h e d t h e i r c l a i m s against us. Our 5-inch-tall fur- rows are 'mini mountain ranges,' and we have created 'micro topo- graphic hotspots.' "The federal government is fin- ing us over $8 million for planting wheat in a wheat field." Origins of the problem The Obama administration's WOTUS rule went beyond the 2006 Supreme Court ruling by jus- tice Antonin Scalia on the scope of the Clean Water Act. Duarte acknowledges that the Clean Water Act was and is a nec- essary and effective piece of legis- lation. "It focused on drinking water safety and protection of navigable waters. CWA protections for normal farming activities are clear and broad. Farmers can farm wetlands. Nobody can destroy wetlands. The CWA was never in- tended to undermine national food security. In my case, the fed- eral prosecutors and the federal judge ignored the normal farming practices/plowing exemption." Nat DiBuduo, president of Al- lied Grape Growers, stated, "The Clean Water Act is a very powerful statute that asserts federal regula- tory authority over waters of the U.S. There was general agreement that waters of the U.S. are navi- gable waters. But what exactly does 'navigable' mean, and does the U.S. have authority to regulate waters directly connected to 'navi- gable waters'? These questions have been subject to extensive debate and litigation. "By expanding the definition of WOTUS to include ditches, ephemeral and intermittent streams and wetlands and other minor water features, EPA and ACE can expand their regulatory reach onto private property and common land-use practices not previously regulated by the fed- eral government under the CWA." John Aguirre, president of the California Association of Wine- grape Growers, noted, however, that soon after publication, presi- dent Obama's WOTUS rule was tied up in the courts: Thirty-one states filed suit challenging the rule and seeking a stay of imple- mentation. On Oct. 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the Clean Water TOP STORY Grapegrowers Applaud WOTUS Rollback