Posted August 3, 2015
A dozen lawsuits against the newly finalized “waters of the United States” (WOTUS) rule are scheduled to be heard together before the 6th Circuit Court based in Ohio, according to an Agri-Pulse article available here. Capital Press also published an article available hereand NBC Nebraska here.
The WOTUS rule aims to expand Clean Water Act protections to cover streams and wetlands.
The 73-page rule, which was intended to clarify certain aspects of the CWA only it raises more questions than it clarifies. One of the most troubling aspects is that any interpretations of the WOTUS rule are left to agency staff members, according to Capital Press.
Landowners have no means of appealing those interpretations without going to court. There are12 lawsuits filed so far against the EPA and the Corps over the rule. Among the plaintiffs are 28 states, ranchers, farmers and environmentalists.
The plaintiffs argue that the EPA’s new rule wrongly places a majority of water and land resources management with the federal government. Congress and the courts have confirmed the states have primary responsibility for the protection of intrastate waters and land management; however, the states argue that the burdens are harmful to the states and will negatively affect farmers, developers and landowners, according to NBC Nebraska.
Attorney General Doug Peterson said, “Farmers, ranchers, and landowners will find it difficult to operate without added permits and additional obstacles.”
The states are seeking to have the rule vacated and the EPA and Corps enjoined from enforcing the new definition of WOTUS.
The states participating in the filing are: Alaska, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming.
For more information on the Clean Water Act, please visit the National Agricultural Law Center’s website here.
Share: