Source: Tom Johnston, MEATINGPLACE, 10/9/15


A federal appellate court today suspended nationwide implementation of the Environmental Protection Agency’s “Waters of the United States” (WOTUS) rule pending further court review, prompting quick applause from agricultural groups that have called the rule an overreach.

“This is a huge victory for farmers,” National Pork Producers Council President Ron Prestage said in a news release. “The court rightfully stopped implementation of this massive federal land grab and confusion across the country until the numerous lawsuits against it can be resolved.”

The rule was proposed in April 2014 by the EPA and the U.S. Army Corps of Engineers to clarify their authority under the Clean Water Act over various waters. That jurisdiction had included “navigable” waters and waters with a significant hydrologic connection to navigable waters. The WOTUS rule, which took effect Aug. 28, expanded jurisdiction to include, among other water bodies, upstream waters and intermittent and ephemeral streams such as those that farmers use for drainage and irrigation. It also encompasses lands adjacent to such waters.

The stay issued by the U.S. Court of Appeals for the 6th Circuit follows a U.S. District Court judge’s temporary injunction against implementation of the regulation. But that injunction applied only to the 13 states that sued EPA and the Corps of Engineers in the North Dakota-based district court.

The appeals court stated, “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.”

The court further suggested that EPA’s WOTUS rule fails to comply with the Supreme Court’s instructions in previous Clean Water Act cases and that the agency’s actions in the rulemaking process are “facially suspect.”

Missouri Cattlemen’s Association President Janet Akers said the recent decision adds to “mounting evidence” that the rule is an "overreaching, pervasive invasion of private property rights."

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