Along with reauthorizing these important programs, the House version of the Farm Bill repealed the onerous Waters of the U.S. rule. Although North Dakota and 23 other states continue to benefit from a stay of WOTUS while the rule is being litigated, the 26 remaining states are once again under its yoke thanks to a […]
The Justice Department wants a Texas federal district judge to consider the motions of states and industry groups for a preliminary injunction of the Obama-era CleanWater Rule. The request, made in a court filing Wednesday, comes the week after a South Carolina federal district judge knocked down the Trump administration’s two-year delay of the regulation, also known as […]
THE Obama administration’s “Waters of the United States” rule is an overly broad and economically destructive proposal that several courts have found wanting. But the Trump administration’s effort to suspend the rule while it’s overhauled was recently stymied by a federal district court judge in South Carolina, creating regulatory uncertainty across the nation. Oklahoma […]
A group of state attorneys general are pushing back against a federal court decision last week reinstating the controversial Obama-era Waters of the U.S. rule. Texas Attorney General Ken Paxton, a Republican, joined by the attorneys general from Louisiana and Mississippi, announced Thursday that they filed a motion in the District Court for the Southern District […]
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 […]
A federal rule opposed by many Oklahoma farmers, ranchers and wildlife enthusiasts – which Attorney General Mike Hunter says “just doesn’t make sense” – is back on the books, thanks to a single federal judge in South Carolina. It’s the infamous “Waters of the U.S.” regulation that Hun-ter’s predecessor, during a short stint as […]
Key senators signaled yesterday that the fate of the Obama-era Clean Water Rule will remain in the hands of the federal courts rather than Congress, given the long odds of a legislative solution to the legal imbroglio. Republicans have tried for years to nullify the rule — which a federal court last week reinstated for […]
A coalition of industry groups is calling on the judge who reinstated the Obama-era Clean Water Act (CWA) jurisdiction rule in 26 states to stay his decision while the organizations pursue an appeal, as they plan to argue for either overturning the order or limiting the decision’s scope to an unspecified smaller number of states. […]
The American Farm Bureau Federation and others will appeal a South Carolina federal district court’s recent ruling that revived the overbroad, vague, and illegal 2015 Waters of the United States Rule and made it the law of the land in 26 states. In a separate filing, the broad coalition of business organizations also notified a federal […]
The American Farm Bureau Federation took quick action following a federal judge’s ruling in South Carolina that would make the controversial 2015 Waters of the U.S. rule immediately applicable in 26 states under the Clean Water Act. On Thursday, U.S. District Judge David Norton ruled the Trump administration failed to comply with rulemaking requirements in […]