A coalition of greater than 18 commerce associations is asking a Texas federal court docket decide to throw out what’s left of the Biden administration’s Waters of america rule. That is the second time they’ve made this request.
On March 20, U.S. Southern District Court docket Decide Jeffrey Vincent Brown issued an injunction that stopped WOTUS from going into impact in Texas and Idaho. The 2 states argued they shouldn’t be pressured to adjust to a rule unlikely to face up to judicial scrutiny. Whereas Brown agreed with their place, he didn’t subject a nationwide injunction because the commerce associations had hoped.
Now that the Supreme Court docket invalidated components of the WOTUS rule in the Sackett v. EPA case, the commerce associations hope to get a special end result. Of their June 28 movement for abstract judgement, they are saying landowners and producers are at continued threat of legal and civil penalties for strange use of their property. The associations contend that, given the basic flaws of the present rule, it must be utterly vacated in favor of a brand new rule.
Among the many teams signing on to the lawsuit are the American Farm Bureau Federation, the Nationwide Cattleman’s Beef Affiliation, the Nationwide Corn Growers Affiliation, the Nationwide Pork Producers Council and the U.S. Poultry and Egg Affiliation.
“A full rewrite of the Biden Administration’s WOTUS definition is the one path to adjust to the Sackett determination,” Nationwide Cattleman’s Beef Affiliation Chief Council Mary-Thomas Hart says. “NCBA is in search of abstract judgement in our lawsuit towards the Biden WOTUS rule and urging the Southern District of Texas to strike the rule from the books.”
EPA officers say they plan to launch a brand new WOTUS rule by Sept. 1.
