Posted October 12,2015
A U.S. court on Friday issued an order temporarily blocking the implementation of a federal water rule across the country, according to a Reuters article available here. The Wall Street Journal also published an article available hereand The Washington Times here.
The U.S. Court of Appeals for the 6th Circuit granted a nationwide stay against the Waters of the United States (WOTUS) rule, which is intended to clarify which bodies of water are covered by the Clean Water Act. The rule was finalized by the Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers in May but still faces political and legal opposition.
The appellate court said that the 18 states challenging the new standards were unlikely to face immediate irreparable harm from the rule, but there was also no evidence that the nation’s waters would suffer “imminent injury” if the regulation was put on hold.
The rule aims to bring smaller bodies of water at the outer edges of watersheds under the Clean Water Act and was issued jointly with the U.S. Army Corps of Engineers, according to The Wall Street Journal.
“A stay temporarily silences the whirlwind of confusion that springs from uncertainty about the requirements of the new rule and whether they will survive legal testing,” said the majority on a three-judge appeals court panel.
In a statement, the EPA said it respected the court’s call “for more deliberate consideration of the issues in the case”, according to The Washington Times.
“The court acknowledges that clarification of the Clean Water Act is needed and that ‘agencies conscientiously endeavored, within their technical expertise and experience, and based on reliable peer-reviewed science, to promulgate new standards to protect water quality that conform to the Supreme Court’s guidance,’ ” the EPA said.
For now, the former rules go back into effect.
Opponents welcomed the decision and said it represents a win for a variety of stakeholders who would have faced harsh new federal mandates.
“The Sixth Circuit’s order to suspend nationwide the implementation of the final WOTUS rule is a victory for all states, local governments, farmers, ranchers, and landowners,” Sen. James Inhofe, Oklahoma Republican and chairman of the Senate Environment and Public Works Committee, said in a statement.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
Share: