Ag Groups Ask for Preliminary Injunction on WOTUS Rule

DTN writer Todd Neeley reported last week that, “Three years after President Barack Obama’s administration finalized the waters of the United States (WOTUS) rule in 2015, agriculture groups and states find themselves in a familiar position — back in court to block the rule.

“In the latest move, the American Farm Bureau Federation and other agriculture groups petitioned the U.S. District Court for the Southern District of Texas in Galveston for a preliminary injunction on the rule on Wednesday. The groups told the court they fear the rule could become law if a handful of states have their way.

“The agricultural groups made their counter-punch after attorneys general of 10 states and the District of Columbia sued the EPA on Tuesday demanding the agency put the 2015 rule into effect. The states allege the agency’s work to suspend the 2015 WOTUS rule is unlawful. The states included are New York, California, Connecticut, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont and Washington.”

The DTN article stated that, “The agricultural groups make the case that the risk over various lawsuits and rules under the Clean Water Act rule causes harm to property owners, businesses and the individual interest of states. Private land owners could face heavy civil and criminal penalties because of the continued jurisdictional issues over the rule. To avoid that, the courts need to grant an injunction to keep the 2015 rule from going into effect.”

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