GCSAA led an industry-wide response in preparing comments opposing the proposed repeal of the 2020 Navigable Waters Protection Rule (“NWPR”) finalized during the Trump Administration. GCSAA supported the NWPR because it led to greater clarity in defining federal jurisdiction over the waters on, over or near golf facilities. The EPA and Army Corps of Engineers have proposed first repealing the NWPR and then replacing it with a new rule defining a Water of the United States (WOTUS). The repeal rule would return federal jurisdiction of water to the guidance in place prior to the Obama Administration’s 2015 Clean Water Rule (which is repealed), meaning that golf course professionals will be subject to “considerable confusion about what features on their lands may be jurisdictional.”

The golf industry comments emphasized the importance of golf’s contributions to society and the economy. Golf contributes $89 billion a year to the U.S economy, nearly 2 million American jobs are tied to the sport, and 95 percent of public golf courses qualify as small businesses under guidelines set by the Small Business Administration. These public golf courses make up 75 percent of all courses in the United States, contrary to the belief that golf is an elitist sport that is only accessible to the rich. Golf is also one of few sports that respects public health safety as its format of play is ideal for social distancing meaning the sport gives Americans the opportunity to improve their mental and physical well-being while staying safe from the pandemic.

The comments also stressed the need for clarity when it comes to WOTUS. The NWPR provided the industry with a clear and consistent regulatory environment. That in turn helped superintendents with baseline compliance and the additional use of agronomic and environmental best management practices to protect streams, ponds, lakes, and wetlands. Clear rules will help keep waters clean.

GCSAA also argued that any repeal or replacement of the NWPR would be premature, given the recent Supreme Court decision to hear a dispute over federal wetlands jurisdiction in Sackett v. EPA. A decision in this case is not expected till the end of 2022 at the earliest and would likely impact any rulemaking by the EPA and Corps.

A copy of the golf industry’s comments can be found here. Seven golf associations were signatories to the comments including the GCSAA, CMAA, NGCOA, PGA of America, NCA, GCBAA and ASGCA.

GCSAA is consistently advocating Congress and the Executive Branch on the need for a clear definition of WOTUS that includes the appropriate balance between state and federal regulatory control over surface waters (cooperative federalism).