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Court Halts EPA Water Rule

The 1972 federal Clean Water Act made it illegal to pollute “navigable waters of the United States”.

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For now, though, the previous, less-intrusive rules go back into effect. Michigan, Tennessee, Oklahoma, Texas, Louisiana, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana, Kansas, Kentucky, North Carolina, South Carolina, Utah, and Wisconsin are also parties to the consolidated lawsuit. This ruling applies to all 50 states. “We are the United States of America, not parceled up”.

“The Clean Water Rule was developed by the agencies to respond to an urgent need to improve and simplify the process for identifying waters that are and are not protected under the Clean Water Act, and is based on the latest science and the law”, the statement continued. Seven states, including Washington and Oregon, intervened and asked the court to deny the motion.

Opponents argued the rule assured the EPA the power to broadly interpret innovative terms in its language, effectively expanding its authority to encompass any ditch in the ground where water, eventually, could flow downhill.

Along with the U.S. Army Corps of Engineers, the EPA earlier this year issued its rule, which it estimates puts about 3% more of the nation’s waterways under federal jurisdiction, requiring federal permits to pollute those waters and could restrict access totally to the newly included waters.

The EPA and U.S. Army Corps of Engineers said they would respect the decision but look forward to defending the rule in court. Judge David McKeague said granting the stay “honors the policy of cooperation” between states and the federal government on the Clean Water Act.

A federal appeals court on Friday dealt the Obama administration’s environmental agenda a major blow, halting a highly controversial water rule and saying more time is needed to determine whether the regulations are legal.

A stay allows for a more deliberate determination whether this exercise of Executive power, enabled by Congress and explicated by the Supreme Court, is proper under the dictates of federal law. The court has yet to issue a final decision in the underlying lawsuit – a decision expected to ultimately settle the ongoing legal battle over the legality of the Clean Water rule.

The 6th Circuit said there was no evidence that water quality would be harmed by the stay.

“But court battles take months, if not years – and come at a considerable cost”.

The 6th Circuit is still deciding whether the challenges must first be heard at a district court level, before the Court of Appeals has jurisdiction.

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“In granting the stay, the Court described the rule as ‘facially suspect.’ This solidly reaffirms our belief that we have a strong case on the merits and that the courts will ultimately strike down this burdensome regulation”, Attorney General Morrisey said.

U.S. appeals court blocks EPA water rule