homepage logo

Sixth Judicial Court stops WOTUS implementation

By Staff | Oct 31, 2015

WASHINGTON, DC (ICA) – Citing a substantial possibility of success on the merits of their claims and casting suspicion on the rulemaking process, the Sixth Judicial Circuit Court of Appeals today ordered that the EPA and Army Corps’ “Waters of the United States” rule be stayed nationwide until the Court can determine jurisdiction over the many pending lawsuits. This action will prevent implementation of the WOTUS rule.

The Iowa Cattlemen’s Association supports the court’s decision. “The mass confusion generated from this rule has been a major concern for our members,” said Phil Reemstma, president of the Iowa Cattlemen’s Association.

“We have heard that stock ponds are jurisdictional as well as lawfully constructed grassed waterways from Region 3 EPA staff.

Yet instructions from the DC office have said this rule does not expand the EPA’s ability to enforce Clean Water Act compliance. In Iowa, stock ponds and grassed waterways are often constructed with producer inputs to improve water quality.The

re is no doubt this rule as currently written, would prohibit Iowa cattlemen from taking proactive measures to protect water quality in the state,” said Reemstma.

A three judge panel for the U.S. Court of Appeals for the Sixth Judicial Circuit voted 2-1 to stay implementation over concern that burden to state and federal government, as well as private parties and the public in general, from the implementation of the WOTUS rule outweighed any harm to the agencies in keeping the status quo.

Please Enter Your Facebook App ID. Required for FB Comments. Click here for FB Comments Settings page