CAPITAL PRESS: Editorial: WOTUS ruling muddies regulatory waters
Earlier this year the U.S. Supreme Court ruled that lawsuits concerning the rule rightly must originate with district courts. The court’s order lifted the 6th Circuit’s nationwide stay.
With the North Dakota district court’s stay still in force, a court in Georgia granted a preliminary injunction blocking the rule’s implementation of the rule in 11 states contesting WOTUS in that court.
But in yet another case, U.S. District Judge David Norton on Thursday ruled the Trump administration failed to comply with rulemaking requirements under the Administrative Procedure Act in suspending rule.
In 24 states the implementation of WOTUS is stayed, in 26 states the rule is the law of the land. So much for clarity.
It could be years before the judgments on the various claims and the eventual appeals work their way to a decision on the merits by the Supreme Court.
In the meantime, as American Farm Bureau President Zippy Duval said, last week’s ruling “creates enormous regulatory uncertainty and risk for farmers, ranchers and others” in the 26 states.
We worry the feds will use the opportunity to expand their authority in those states over “waters,” and therefore adjacent lands, not previously subject to regulation under the Clean Water Act. Such a designation could have profound and expensive consequences for landowners.
Farmers, ranchers and regulators need clear, unambiguous guidance on the true extent and limit of the government’s authority. Unfortunately, it could be years before they get it.
