Jon Tester is bad for Montana farmers and ranchers

As Montana ranchers, we have considered ourselves to be good stewards of the rich natural resources we are blessed to have. However, the EPA’s so-called Waters of the United States Rule has the potential to undermine our ability to work our land and has trampled on our private property rights.

We were pleased to see that President Donald Trump recently signed an executive order on directing the EPA to reconsider an Obama-era rule that expanded federal jurisdiction over streams and wetlands. This rule has caused excessive economic harm to farmers and ranchers across the country and Sen. Jon Tester voted in favor of this harmful rule. What seems like a meaningless rule to a politician like Sen. Tester has a real impact here in our state.

We agree with President Trump when he said EPA’s so-called Waters of the United States Rule is, “one of the worst examples of federal regulation.” The rule has removed local control over land and water, and it allows for the EPA to treat ditches, storm water drainages, storm sewer systems and water supply as “Waters of the United States” which are subject to the Clean Water Air Act. This expansion of the definition of the term “Waters of the United States” means that every pond, stream and irrigation ditch can be subjected to costly federal sanctioning, fines and federal criminal enforcement actions.

In essence, landowners could be penalized every time a cow walks through a ditch. The EPA’s own estimates show the rule will cost American property owners between $158 million and $465 million a year.

To make matters worse, the constitutionality of the rule is under question. Many believe that this rule is an overreach of federal power and the federal government shouldn’t be regulating every pond on private property. Recently, the Supreme Court of the United States agreed to hear National Association of Manufacturers v. Department of Defense, where the National Association of Manufacturers is challenging the lawfulness of the Waters of the United States rule. This specific case will resolve the wrangling over which federal court should hear challenges, but nonetheless will provide an avenue to debate the issue.

We are encouraged that the new EPA Administrator Scott Pruitt was a leading voice in the effort to overturn the Waters of the United States rule as Oklahoma Attorney General. However, I am disappointed but not surprised to see that Sen. Jon Tester voted against his confirmation.

Sen. Tester’s lack of action on the Waters of the United States rule is exactly why we need a change in Washington. Sen. Tester has let government bureaucrats write rules without public input and without understanding the economic impact on Montana farmers and ranchers. We deserve a senator that will review and address our concerns, not turn the other way.

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Debby Barrett is the former state Senate president, she ranches near Dillon.  Deanna Robbins is a board member of United Property Owners of Montana, she ranches near Roy.