Attorney General Bird Leads Charge for New WOTUS Rule that Protects Iowa Farmers and Landowners

DES MOINES—Iowa Attorney General Bird today co-led a letter asking the Trump Administration’s EPA to issue a new “Waters of the United States” (“WOTUS”) rule that gives States control over their land and protects Iowa farmers, landowners, and builders from federal overreach.

The recent Biden-era rule expanded the definition of “Waters of the United States” to apply to as much as 97% of Iowa’s land. That rule’s heavy regulations cost Iowans time and money to use their own land. It also threatened to raise costs and delay vital infrastructure projects. In 2023, Attorney General Bird sued over the Biden-era rule and successfully blocked it in Iowa and most other States.

The Biden rule lacked clear, workable standards and created uncertainty. The rule also created major compliance problems for Iowans. Farmers and other landowners faced the prospect of navigating lengthy and expensive permitting processes for routine land use or risk facing severe legal penalties – often unaware they were even subject to the new regulations.

“The Biden-era water grab hurt Iowa farmers, costing them time and money to farm their own land,” said Attorney General Bird. “I fought back and won, blocking Biden’s illegal EPA power grab. Now, we’re fighting to make that win permanent. I’m calling for a new, clear WOTUS rule that protects the rights of farmers and landowners from illegal overreach. President Trump has backed our farmers, and they stand ready to help him power the Great American Comeback. Iowans, not Washington bureaucrats, should have the final say over their land and water.”

The States are recommending a revised WOTUS rule that:

• Respects State Authority: Recognizes the States’ primary role in managing waters within their own borders.
• Ensures Clarity: Establishes clear, easily understandable definitions for landowners and farmers.
• Limits Federal Overreach: Restricts federal control to traditionally navigable waters, like the Great Lakes and Mississippi River, and waters demonstrably and directly connected to them.
• Assumes State Control: Establishes a presumption that waters are under State, not federal, jurisdiction unless proven otherwise.

Iowa co-led the letter with Georgia, North Dakota, and West Virginia. They were joined by Alabama, Arkansas, Florida, Indiana, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, Ohio, Oklahoma, South Carolina, Virginia, and the Arizona State Legislature.

Read the full letter here.

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For More Information:

Zach Hoffman | Chief of Staff

zach.hoffman@ag.iowa.gov