Following a federal judge’s ruling in South Carolina, a nationwide injunction was issued on an Environmental Protection Agency (EPA) rule that delayed the implementation of the 2015 Waters of the United States (WOTUS) rule.
As a result, 26 states, including Texas, are now required to follow the WOTUS rule, which redefines and significantly expands which wetlands and small waterways are covered by the Clean Water Act.
The American Farm Bureau Federation (AFBF) and a broad coalition of business organizations have notified the federal district court in South Carolina they will appeal that court’s recent ruling that revived the overbroad, vague and illegal 2015 WOTUS rule and made it the law of the land in 26 states.
In a separate filing, the same coalition also notified a federal district court in Texas of the ruling by the court in South Carolina, urging the Texas-based court to issue a nationwide injunction against the illegal 2015 WOTUS rule.
Two other federal district courts have already granted injunctions blocking the WOTUS rule in a total of 24 states, citing immediate and “irreparable injuries” likely to result from the rule’s implementation.
“That is all the more true for the plaintiffs before this (Southern Texas) Court,” the notice stated. “Allowing the WOTUS rule to come into effect in 26 states will prove enormously disruptive to their operations, and indeed, to the entire national economy.”
The decision out of South Carolina purports to block nationwide an Environmental Protection Agency rule that delayed application of the WOTUS rule pending the agency’s ongoing consideration of whether to repeal the rule. As a result of the court decision, the 2015 WOTUS rule is now the law of the land in the 26 states that are not already protected by court injunctions preventing the rule’s implementation while its lawfulness is decided by the courts.
Farmers, ranchers and others in those 26 states, which includes Texas, are now faced with “immediate irreparable harm,” according to the Southern Texas filing. “Important and consequential national regulations like the WOTUS rule should not apply differently depending on the happenstance of location.”
The groups urge the court not to allow a “crazy-quilt regulatory environment” and to grant a nationwide injunction against the 2015 WOTUS rule “as expeditiously as possible.”
AFBF President Zippy Duvall says now, more than ever, it’s imperative to ditch the rule.
“To avoid widespread uncertainty and potential enforcement against ordinary farming activities in these already-uncertain times, we call on the administration to take immediate steps to limit the impact of this dangerous court decision,” Duvall said.
For more information on Farm Bureau’s efforts on the WOTUS rule, visit Clean Water Act, WOTUS.
We must repral this law ASAP!
I own water shed property that is highly erodsble because of what the Federal Govt did to the farm 50 years ago through NRCS and Soil Conservation!
Thanks. Informative … & disturbing. J P S
How can a court in South Carolina rule that Texas has to be under WOTUS when South Carolina is not?