One other day, one other ruling towards the Biden Administration’s Waters of the US rule. This time the Sixth Circuit Federal Courtroom of Appeals issued a keep on implementing the rule in Kentucky till Could 10. Which means WOTUS is now the regulation of the land in solely 23 states.
Kentucky Lawyer Basic Daniel Cameron says the ruling stops the Biden administration from implementing what he considers to be a burdensome rule.
“This is a vital win for Kentuckians, particularly our farmers, who have been being unnecessarily burdened by these new restrictions,” Cameron says. “We’re grateful to the court docket and will likely be working to make this ruling everlasting within the weeks and months forward.”
A federal decide had beforehand denied a request by the State of Kentucky and the Kentucky Chamber of Commerce to challenge an injunction towards WOTUS. The State and Chamber then requested the appellate court docket to challenge a keep pending their enchantment.
Of their ruling, Circuit Courtroom Judges Ralph Man, Raymond Kethledge and John Bush mentioned they granted the keep as a result of the federal authorities did not determine any explicit curiosity in speedy enforcement of WOTUS.
“Given the circumstances, an administrative keep is critical to protect the established order and to offer us with the chance to offer reasoned consideration to the plaintiff’s movement for an injunction pending enchantment,” the judges mentioned of their ruling.
That is the most recent in a sequence of authorized blows towards WOTUS. In March, a federal court docket decide issued an injunction halting the rule in Texas and Idaho. On April 12, a North Dakota District Courtroom Decide issued an injunction towards the regulation in 24 extra states.
Whereas a number of lawsuits proceed to make their means by means of numerous courts, all eyes stay on the Supreme Courtroom and its ruling within the Sacket v. EPA case. That ruling is predicted by early summer season. Many observers consider the court docket’s resolution might considerably restrict EPA’s regulatory authority.
