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 here
and 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.
