On Oct. 9, the U.S. Sixth Circuit Court of Appeals issued a temporary stay on the "Waters of the U.S." (WOTUS) rule adopted by the EPA and the U.S. Army Corps of Engineers. The ruling blocks the EPA and Corps from being enforced nationwide. The stay remains in effect until the court completes its review.
Georgia Farm Bureau and the American Farm Bureau Federation (AFBF) have opposed the WOTUS rule since the agencies first introduced it in early 2014.
"We applaud the ruling for a stay," said GFB President Zippy Duvall. "We've said from the start that the proposed rule infringes on the private property rights of farmers and landowners."
The request for a stay was made by 18 states, including Georgia, as part of a lawsuit to have the rule thrown out. The states contend that the rulemaking process used by the EPA and Corps of Engineers was flawed and violated the Administrative Procedures Act by including distance limitations in the final rule that were not part of the proposed rule subjected to public review and comment.
In the majority opinion written by Judges David Keith and Richard Griffin, the court found that the states seeking a stay demonstrated a substantial possibility of success. The court also noted that while it has yet to decide if it has jurisdiction over the case, it still has authority to make orders to preserve the existing conditions while considering the question of jurisdiction.
The court ruled that the EPA and Corps of Engineers did not show that distance-based limitations in the final rule were available for review and comment during the public comment period.
"The judges expressed deep concerns over the basic legality of this rule," said American Farm Bureau Federation President Bob Stallman. "We're not in the least surprised: This is the worst EPA order we have seen since the agency was established more than 40 years ago. The court clearly understood our arguments."
The WOTUS rule went into effect on Aug. 28 in 37 states after a North Dakota District Court issued an injunction against the rule in 13 states.
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