[fullwidth background_color=”” background_image=”” background_parallax=”none” enable_mobile=”no” parallax_speed=”0.3″ background_repeat=”no-repeat” background_position=”left top” video_url=”” video_aspect_ratio=”16:9″ video_webm=”” video_mp4=”” video_ogv=”” video_preview_image=”” overlay_color=”” overlay_opacity=”0.5″ video_mute=”yes” video_loop=”yes” fade=”no” border_size=”0px” border_color=”” border_style=”” padding_top=”20″ padding_bottom=”20″ padding_left=”0″ padding_right=”0″ hundred_percent=”no” equal_height_columns=”no” hide_on_mobile=”no” menu_anchor=”” class=”” id=””][title size=”1″ content_align=”left” style_type=”underline solid” sep_color=”#000000″ margin_top=”” margin_bottom=”” class=”” id=””]Farm groups and agricultural stakeholders are celebrating a federal appeals panel decision to issue a nationwide stay on the Environmental Protection Agency’s Waters of the U.S. rule[/title][fusion_text]Friday, October 9th 2015
Farm groups and agricultural stakeholders are celebrating a federal appeals panel decision to issue a nationwide stay on the Environmental Protection Agency’s Waters of the U.S. (WOTUS) rule, suspending the rule’s implementation in the 37 states that were outside of an earlier ruling. In the opinion, Judge David McKeague of the U.S. Court of Appeals for the Sixth Circuit, said the plaintiffs, 18 states in this case, “have demonstrated a substantial possibility of success on the merits of their claims” and that a stay will not cause undue harm to either the states or the environment. Judge Richard Griffin joined in McKeague’s opinion, providing the two-to-one majority. In August, a federal judge issued a preliminary injunction that implementation of WOTUS – also known as theClean Water Rule – in 13 states one day before its scheduled Aug. 28 implementation date. This ruling is the first nationwide action to stay the rule. The decision is a victory for many in the agricultural community who were hoping to stop the rule through the legal process after legislative efforts through either a standalone bill or an appropriations rider proved challenging. There are several lawsuits from both states and stakeholder groups against WOTUS currently before courts across the country. In the case involving the stay announced today, the states of Ohio, Michigan, Tennessee, Oklahoma, Mississippi, Georgia, West Virginia, Alabama, Florida, Indiana, Kansas, Kentucky, South Carolina, Utah, Wisconsin, and the North Carolina Department of Environment and Natural Resources were listed as petitioners. In a statement, Oklahoma Attorney General Scott Pruitt noted that two federal courts have determined that WOTUS is likely unlawful, and no court has decided otherwise. Those opposed to the rule contend it greatly expands the authority of the EPA under the Clean Water Act and would have been placed an overly expensive burden both on authorities charged with enforcement and producers found to be in non-compliance. The rule is subject to a number of lawsuits across the country from states and stakeholder groups. Based in Cincinnati, the Sixth Circuit Court of Appeals has appellate jurisdiction over district courts in Kentucky, Michigan, Ohio and Tennessee.
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