Legal Wrangling Continues Over WOTUS

DTN writer Todd Neeley reported yesterday that, “The waters of the United States saga continues, as the American Farm Bureau Federation asked a federal court in Georgia on Wednesday to issue a national injunction on the 2015 WOTUS rule.

“A series of ongoing court actions has left the rule in a state of chaos, as currently 28 states are exempted and 22 are not.

“The AFBF is leading a coalition of business groups in asking the U.S. District Court for the Southern District of Georgia in Brunswick to extend a previous injunction on 11 states to the remaining 22 states where the rule is in effect.”

Mr. Neeley noted that, “An appeals court in Cincinnati had issued a national stay on the rule in 2015. The national stay ended when the U.S. Supreme Court ruled that challenges to WOTUS belong in district courts.”

The DTN article added: “In the AFBF motion filed on Wednesday, the group said the multiple court rulings have created confusion.

“‘This is a deeply troubling state of affairs,’ the motion said. ‘A rule this fundamental to the (Clean Water Act’s) regulatory scheme should not apply in a patchwork manner.'”

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