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A North Dakota Federal District Court ruled against the new Waters of the U.S. rule this week. Micheal Clements shares more on the decision, which impacts 24 states.
Thomas Capps: New WOTUS Rule Stopped in Tennessee. Hello and welcome to Tennessee Home and Farm Radio, I’m Thomas Capps. Tennessee is now one of 24 states where the Biden administration’s Waters of the US rule is now stopped. This comes after a North Dakota federal district court ruled against the new rule earlier this week. Michael Clements says more on the ruling and what’s next in the ongoing legal battle.
Michael Clements: The North Dakota Federal District Court ruling against the new Waters of the U.S. rule is the second of its kind and a win for farmers and ranchers. American Farm Bureau Federation Deputy General Counsel Travis Cushman says the ruling blocks WOTUS in more than half of the country.
Travis Cushman: So, the North Dakota Court stops the rule from being in effect in 24 states. AFBF and another group of industry folks, we’ve challenged the rule in both Texas and in North Dakota. So, with this decision, because we also got the rule stopped in two states in the Texas case, that means the rule is now stopped in over half the country, 26 states.
Michael Clements: Cushman says the court ruling aligns with the arguments made by Farm Bureau.
Travis Cushman: What’s really significant here is the courts are saying this new rule, it should not have gone into effect, it’s not a good rule. This new rule requires states, landowners and countless other affected parties to undertake expensive compliance efforts. It’s neither understandable nor intelligible, and its boundaries are unlimited. The EPA’s interpretation of the 2023 rule does not provide any clarity to which the states can easily conform. It’s an absolute smackdown on this new rule and we completely agree with the court’s analysis on that.
Michael Clements: The Supreme Court could issue its ruling in the Sackett v. Environmental Protection Agency case any day, and Cushman says the agency should have waited before issuing the new rule.
Travis Cushman: Hopefully Sackett will more clearly delineate what the limits of WOTUS are so we won’t have to continue to go back and forth on this issue, but it’s clear from these two rulings from Texas and North Dakota that EPA has continued to fail to appropriately write WOTUS within the terms the Clean Water Act in a reasonable and a noble way.
Michael Clements: Micheal Clements, Washington.
Thomas Capps: Thanks, Michael. You can learn more about the Biden administration’s WOTUS rule that fb.org. For Tennessee Home and Farm Radio, I’m Thomas Capps.
