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 here
and 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.
