TFI: WOTUS Rule Misguided and Premature

Arlington, VA – The Fertilizer Institute (TFI) today expressed disappointment with the Environmental Protection Agency’s (EPA) and the Army Corps of Engineers’ (ACOE) final Waters of the United States (WOTUS) rule, calling it misguided and premature.

“The number one thing industry needs from regulatory bodies is clarity and certainty. The final WOTUS rule provides neither.” said TFI President and CEO Corey Rosenbusch. “Many of our member companies must plan years in advance to obtain all necessary permits in accordance with the Clean Water Act (CWA). We need regulatory certainty and predictability and have a strong interest in ensuring that the definition of WOTUS is clearly defined and consistently implemented across the nation.”

Complicating matters further is a pending U.S. Supreme Court ruling to determine whether Justice Kennedy’s “significant nexus” is the proper test for asserting jurisdiction over wetlands that are adjacent to tributaries of “waters of the U.S.”

“In February we joined a chorus of other organizations and many members of Congress in urging the agencies to delay the rulemaking until after the Supreme Court has issued its ruling,” Rosenbusch explained. “The ruling will likely negate or render irrelevant significant elements of the WOTUS rule and create even more confusion for businesses and landowners throughout the country. It’s going to be regulatory whiplash.”

TFI’s comments from February can be read in full here.




The Fertilizer Institute (TFI) is the leading voice of the nation’s fertilizer industry. Tracing its roots back to 1883, TFI’s membership includes fertilizer producers, wholesalers, retailers and trading firms. TFI’s full-time staff, based in Washington, D.C., serves its members through legislative, educational, technical, economic information and public communication programs. Find more information about TFI online at and follow us on Twitter at @Fertilizer_Inst. Learn more about TFI’s nutrient stewardship initiatives at and on Twitter at @4rnutrients.